Feb.  8,  1910 


46th  Assem. — Special  Session 

House  Bill  No.  43 — In  Senate. 


1  Reported  from  House  February  8,  1910. 

2  Read  first  time,  ordered  printed  and  referred  to  Committee  on  Municipalities. 


LIBRARY 
OF  THE 

UNIVERSITY  Of  ILLINOIS. 


A  BILL 

For  an  Act  to  amend  an  Act  entitled,  “An  Act  to  provide  for  the  incorporation  of 
cities  and  villages,”  approved  April  10,  1872,  in  force  July  1,  1872,  and  all  Acts 
amendatory  thereto  by  adding  thereto  article  XIII. 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois  represented 

2  in  the  General  Assembly:  That  the  Act  entitled,  “An  Act  to  provide  for  the  incor- 

3  poration  of  cities  and  villages,”  approved  April  10,  1872,  in  force  July  1,  1872, 

4  and  all  Acts  amendatory  thereof,  be  and  the  same  hereby  is  amended  by  adding 

5  thereto  an  article  to  be  known  as  article  XIII,  in  the  words  and  figures  following : 

6  ARTICLE  XIII. 

7  ORGANIZATION. 

8  That  all  cities  and  villages  in  the  State  of  Illinois  not  exceeding  two 

9  hundred  thousand  (200,000)  population  which  are  now  or  may  hereafter  be- 


2 


10  come  incorporated  under  an  Act  entitled,  “An  Act  to  provide  for  the  incor- 

11  poration  of  cities  and  villages,”  approved  April  10,  1872,  and  in  force  July  1, 

12  1872,  and  all  Acts  amendatory  thereof  shall,  in  addition  to  all  rights,  powers 

13  and  authority  in  them  vested,  under  and  by  virtue  of  said  Acts,  have  and  they 

14  are  hereby  vested  with  the  further  and  additional  rights,  powers  and  authority 

15  contained  in  this  Act,  which  for  convenience  is  hereinafter  designated  “The 
1G  Commission  Form  of  Municipal  Government,”  by  proceeding  as  hereinafter 
17  provided. 

Sec.  2.  Whenever  electors  of  any  city  or  village  equal  in  number  to  one- 

2  tenth  of  the  votes  cast  for  all  candidates  for  mayor  or  president  of  the  board 

3  of  trustees  at  the  last  preceding  city  or  village  election  of  any  such  city  or 

4  village  voting  for  such  officer,  shall  petition  the  judge  of  the  county  court  of 

5  the  county  in  which  said  city  or  village,  or  the  greater  part  thereof,  is  located 

6  to  submit  to  a  vote  of  the  electors  of  such  city  or  village  the  proposition  as  to 

7  whether  such  city  or  village  shall  adopt  and  become  entitled  to  the  provisions 

8  of  this  Act,  it  shall  be  the  duty  of  such  judge  of  the  county  court  to  submit 

9  such  proposition  accordingly  to  a  special  city  or  village  election  to  be  called 

10  by  such  judge  within  sixty  days:  Provided,  if  a  general  city  or  village  election 

11  is  held  within  such  sixty  days,  such  proposition  shall  be  submitted  thereat. 

12  An  order  shall  be  entered  and  recorded  in  the  county  court  of  such  county  sub- 

13  mitting  such  proposition  as  aforesaid.  Provided  further,  that  if  the  question  of 

14  the  adoption  of  this  Act  shall  be  submitted  to  the  voters  of  any  municipality, 

15  and  it  shall  not  be  adopted  by  such  municipality,  then  and  in  that  event  the  ques- 
10  tion  of  the  adoption  of  this  Act  shall  not  be  again  submitted  in  such  municipality 
17  for  at  least  two  years. 

Sec.  3.  Said  petition  provided  for  in  section  2  shall  be  substantially  in  the 

2  following  form: 

3  “To  the  Honorable  (name  of  judge),  Judge  of  the  County  Court  cf  the  County 


4 


of  (name  of  county)  : 


3 


5  We,  the  undersigned  qualified  electors  of  the  city  or  village  of  (name  of 

6  city  or  village),  respectfully  petition  your  honor  to  submit  to  a  vote  of  the 

7  electors  of  said  city  or  village,  at  an  election,  the  following  proposition: 

Shall  the  city  (or  village)  of . adopt  the  commission  form  of 

9  municipal  government  ? 


Name. 

Address,  with  Street  and  Number. 

10  State  of  Illinois,  1 

-ss. 

11  County  of . 

12  I . do  hereby  certify  and  make  oath  (or  affirm)  that  I 

13  am  upwards  of  the  age  of  twenty-one  years ;  that  I  reside  at  number . 

14  street,  in  the  city  (or  village)  of . of  the  county  of . 

15  and  State  of  Illinois,  and  that  the  signatures  of  this  sheet  were  signed  in  my 

16  presence  and  are  genuine  ;  and  that  to  the  best  of  my  knowledge  and  belief  the 

17  persons  so  signing  were  at  the  time  of  signing  said  petition  qualified  voters 

18  of  said  city  (or  village),  and  that  their  respective  residences  are  correctly 

19  stated  as  above  set  forth.  . 

20  Subscribed  and  sworn  to  before  me  this . day  of . A.  D.  19. . . 

21  (Seal,  if  officer  has  one.)  . 

22  (Official  Character.) 

23  Such  petitions  shall  consist  of  sheets  of  uniform  size,  and  the  heading  of 

24  each  sheet  shall  be  the  same. 

25  Such  petitions  shall  be  signed  by  qualified  electors  of  such  city  or  village 

26  in  their  own  proper  persons  only,  and  opposite  the  signature  of  each  signer, 

27  his  residence  address  shall  be  written  (and  if  a  resident  of  a  city  or  village 

28  having  a  poulation  of  over  10,000,  by  the  last  preceding  federal  or  State  cen¬ 
sus,  the  street  and  number  of  such  residence  shall  be  given.) 

p3£0k>£ 


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At  the  bottom  of  each  sheet  of  such  petition  shall  be  added  a  statement, 
signed  by  an  adult  resident  of  the  city  or  village,  stating  his  residence  (and  if 
a  resident  of  a  city  or  village  having  a  population  as  aforesaid,  also  stating  the 
street  and  number  of  such  residence),  certifying  that  the  signatures  on  that 
sheet  of  said  petition  were  signed  in  his  presence  and  are  genuine,  and  that 
to  the  best  of  his  knowledge  and  belief  the  persons  so  signing  were,  at  the 
time  of  signing,  qualified  voters  of  said  city  or  village.  Such  statement  shall  be 
sworn  to  before  some  officer  of  the  county  in  which  such  city  or  village  is  lo¬ 
cated,  authorized  to  administer  oaths  therein. 

Such  sheets,  before  being  filed,  shall  be  neatly  fastened  together  by  placing 
the  sheets  in  a  pile  and  fastening  them  together  at  the  upper  edge  in  a  secure 

4 

and  suitable  manner,  and  the  sheets  shall  then  be  numbered  consecutively. 

Sec.  4.  The  judge  of  such  county  court  shall  give  at  least  ten  days’  notice 
of  the  election  at  which  such  proposition  is  to  be  submitted  by  publishing  such 
notice  in  one  or  more  daily  newspapers  published  within  such  city  or  village 
for  at  least  five  times,  the  first  publication  to  be  at  least  ten  days  before  the 
day  of  election ;  and  if  no  daily  newspaper  is  published  in  such  city  or  village, 
then  by  posting  at  least  five  copies  of  such  notice  in  each  ward  of  such  city  or 
in  such  village  at  least  ten  days  before  such  election.  Such  election  shall  be 
held  under  the  election  law  in  force  in  such  city  or  village,  except  as  herein 
otherwise  provided. 

The  proposition  so  to  be  voted  upon  shall  appear  in  plain,  prominent 
type,  on  a  separate  and  distinct  ballot,  and  the  names  of  no  candidates  for 
any  office  or  offices,  nor  any  other  proposition  shall  appear  thereon,  and  such 

ballot  and  the  manner  of  voting  the  same  shall  comply  as  near  as  may  be  with 

• 

section  16  of  an  Act  entitled,  “An  Act  to  provide  for  the  printing  and  distibu- 
tion  of  ballots  at  public  expense  and  for  the  nomination  of  candidates  for  pub¬ 
lic  offices,  to  regulate  the  manner  of  holding  elections,  and  to  enforce  the  se- 


5 


17  crecy  of  the  ballot,  approved  June  22,  1891,  in  force  July  1,  1891,  and  all 

18  amendments  -thereto.  ’  ’ 

19  If  a  majority  of  the  votes  cast  upon  such  proposition  shall  be  in  favor 

20  of  and  for  the  adoption  of  such  proposition,  the  provisions  of  this  Act  shall 

21  thereby  be  adopted  by  such  city  or  village,  and  the  mayor  or  president  of  the 

22  board  of  trustees  shall  thereupon  immediately  issue  a  proclamation  declaring 

23  this  Act  in  force  in  said  city  or  village,  and  thenceforth  this  Act  shall  be  in  full 

24  force  and  effect  therein. 

Sec.  5.  A  certified  copy  of  the  canvass  of  the  votes  of  the  election  on 

2  such  proposition,  made  by  the  proper  officers,  shall  be  transmitted  to  the  city 

3  or  village  clerk  of  such  city  or  village,  and  to  the  clerk  of  the  county  court,  and 

4  by  each  transcribed  upon  the  records  of  their  respective  offices  in  full. 

Sec.  6.  Immediately  after  such  proposition  is  adopted,  the  mayor  or  presi- 

2  dent  of  the  board  of  trustees  shall  transmit  to  the  Secretary  of  State,  to  the 

3  clerk  of  the  county  court  and  county  recorder  each  a  certificate,  stating  that 

4  such  proposition  was  adopted,  who  shall  duly  file  the  same  in  their  respective 

5  offices  and  transcribe  the  same  upon  the  records  thereof. 

Sec.  7.  The  failure  of  the  mayor  or  president  of  the  board  of  trustees,  or 

2  any  of  said  officials,  to  perform  the  duties  and  acts  imposed  upon  them  by  sec- 

3  tions  4,  5  and  6,  shall  not  invalidate  nor  prevent  the  adoption  of  this  Act. 

Sec.  8.  All  courts  in  this  State  shall  take  judicial  notice  of  the  adoption  of 
2  this  Act  by  such  cities  or  villages  as  adopt  the  same. 

ELECTION  OF  OFFICERS. 

Sec.  9.  On  the  third  Tuesday  in  April,  A.  D.  Nineteen  Hundred  Eleven 
2  (1911)  next  after  the  adoption  of  such  proposition  and  quadrennially  thereafter, 


6 


3  there  shall  be  held  a  general  municipal  election  at  which  there  shall  he  elected 

4  a  mayor  and  four  commissioners  from  the  city  or  village,  without  regard  to 

5  wards.  All  divisions  into  wards  of  such  municipalities  as  adopt  this  Act  shall 

6  he  discontinued  and  said  officers  shall  be  nominated  and  elected  at  large: 

7  Provided,  that  in  cities  which  include  wholly  within  their  corporate  limits  a 

8  town  or  towns,  such  elections  shall  be  held  on  the  first  Tuesday  in  April:  Pro- 

9  vided,  however,  that  the  term  of  office  of  all  regularly  elected  municipal  officers 

10  holding  office  at  the  time  this  Act  is  adopted  by  such  municipality  shall  be 

11  and  the  same  are  hereby  made  to  expire  at  the  end  of  ninety  days  after  the 

12  adoption  of  this  Act  by  such  municipality,  and  before  the  end  of  sixty  days 

13  upon  the  election  of  a  mayor  and  commissioners  in  any  such  city  within  the  said 

14  period  of  ninety  days:  And,  'provided,  further,  that  prior  to  the  biennial  elec- 

15  tion  o£  1911  and  prior  to  the  next  biennial  election  in  any  city  after  the  adop- 

16  tion  of  this  Act,  it  shall  be  the  duty  of  the  proper  municipal  officers  to  call  a 

17  special  election,  at  once,  after  the  adoption  of  this  Act,  to  elect  a  mayor  and 

18  four  commissioners  in  pursuance  of  the  provisions  of  this  Act,  of  which  said 

19  special  election  ninety  days’  notice  shall  be  given  by  the  proper  municipal  offi- 

20  cers,  as  provided  by  the  terms  of  this  Act. 

Sec.  10.  The  mayor  and  commissioners  elected  under  section  9  of  this 

2  Act  shall  be  known  as  the  council  and  shall  hold  their  respective  offices  until 

3  the  next  succeeding  general  election  for  such  officers,  respectively,  and  until 

4  their  successors  are  elected  and  qualified,  as  provided  in  this  Act. 

Sec.  11.  The  mayor  and  commissioners  shall  hold  their  respective  offices 

2  for  the  term  of  four  years,  or  until  their  successors  are  elected  and  qualified: 

3  Provided,  that  any  mayor  or  commissioners  elected  at  a  special  election  in  pur- 

4  suance  of  the  adoption  of  this  Act,  shall  hold  their  respective  offices  until  the 

5  next  quadrennial  general  election  or  until  their  successors  are  elected  and  quali- 

6  fied.  If  any  vacancy  occurs  in  any  such  office  the  remaining  members  of  said 


7 


7  council  shall,  within  thirty  days  after  such  vacancy  occurs,  appoint  a  person 

8  to  fill  such  vacancy  during  the  balance  of  the  unexpired  term. 

Sec.  12.  All  candidates  to  be  voted  for  at  all  general  and  special  munici- 

2  pal  elections  at  which  a  mayor  and  four  commissioners  are  to  be  elected  under 

3  the  provisions  of  this  Act  shall  be  nominated  by  a  primary  election  from  the 

4  city  or  village  at  large,  and  no  other  names  shall  be  placed  upon  the  general 

5  ballot  at  the  general  municipal  election  except  those  selected  in  the  manner 
(3  hereinafter  prescribed.  The  primary  election  for  such  nomination  shall  be  held 

7  on  the  fast  Tuesday  in  February  immediately  preceding  the  general  munici- 

8  pal  election  in  all  cities  or  villages  in  which  the  general  municipal  election 

9  under  this  Act  is  held  on  the  first  Tuesday  in  April,  and  on  the  second  Tues- 

10  day  in  March  immediately  preceding  the  general  municipal  election  in  all  cities 

11  or  villages  in  which  the  general  municipal  election  under  this  Act  is  held  on 

12  the  third  Tuesday  of  April:  And ,  provided,  that  at  all  special  elections  called, 

13  as  hereinbefore  provided,  candidates  shall  be  nominated  at  a  primary  called  by 

14  the  proper  municipal  officers,  for  the  thirty-fifth  day  preceding  the  said  spe- 

15  cial  election,  in  accordance  with  the  provisions  of  this  Act,  of  which  said  pri- 

16  mary  election  the  proper  municipal  officers  shall  give  due  and  legal  notice,  as 

17  provided  by  the  terms  of  this  Act. 

Sec.  13.  The  judges  and  clerks  of  election  appointed  in  accordance  with 

2  the  election  law  in  force  in  such  city  or  village  shall  be  the  judges  and  clerks 

3  of  the  primary  election,  and  it  shall  be  held  at  the  same  place,  and  the  polls 

4  shall  be  opened  and  closed  at  the  same  hours,  and  such  election  shall  be  con- 

5  ducted  the  same  as  a  general  municipal  election  is  conducted  under  the  election 

6  law  in  force  in  said  city  or  village,  except  as  herein  otherwise  provided. 

7  All  election  laws  in  force  in  said  city  or  village  shall  apply  to  and  govern 

8  a  primary  election  held  under  this  Act,  except  as  herein  otherwise  provided. 


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Sec.  14.  Any  person  desiring  to  become  a  candidate  for  mayor  or  com¬ 
missioner  shall,  not  less  than  fifteen  days  nor  more  than  thirty  days  prior  to 
such  primary  election,  file  with  the  city  or  village  clerk,  or,  in  those  cities  hav¬ 
ing  a  hoard  of  election  commissioners,  with  the  clerk  of  such  board,  a  state¬ 
ment  of  such  candidacy  in  substantially  the  following  form : 


State  of  Illinois, 

.  rss. 

County  of .  J 

I,  . .  being  first  duly  sworn,  say  that  I  reside  at 

(here  give  number  and  street)  . street,  in  the  city  (or 

village)  of  (here  name  of  city  or  village)  . ,  county 

of  (here  name  county)  . ,  State  of  Illinois;  that  I  am  a 

qualified  voter  therein;  that  I  am  a  candidate  for  nomination  to  the  office  of 
(mayor  or  commissioner),  to  be  voted  upon  at  the  primary  election  to  be  held 

on  the . Tuesday  of . A.  D.  19.  ...  ;  that  I 

am  legally  qualified  to  hold  such  office;  and  I  hereby  request  that  my  name  be 
printed  upon  the  official  primary  ballot  for  nomination  by  such  primary  election 
for  such  office. 


(Signed)  . 

Subscribed  and  sworn  to  (or  affirmed)  before  me  by . on 

this . day  of . A.  D.  19.... 

(Signed)  . 


(Official  Character.) 


(Seal,  if  officer  has  one.) 

And  shall  at  the  same  time  file  therewith  the  petition  of  at  least  twenty-five 
qualified  voters  requesting  such  candidacy. 

Such  petition  shall  substantially  be  in  the  following  form: 

We,  the  undersigned,  duly  qualified  electors  of  the  city  (or  village)  of 
(city  or  village)  . ,  and  residing  at  the  places  set  opposite 


9 


29  our  respective  names  hereto,  do  hereby  petition  that  the  name  of  (name  of  can- 

30  didate)  . be  placed  upon  the  ballot  as  candidate  for 


31  nomination  for  the  office  of  (here  name  office)  . at 

32  the  primary  election  to  be  held  in  such  city  or  village  on  the . Tuesday 


33  of . A.  D.  19. . . .  We  further  state  that  we  know  him  to 

34  be  a  qualified  elector  of  said  city  or  village  and  legally  qualified  to  hold  such 

35  office. 


Names  of  Qualified  Electors. 

» 

Number. 

Streets. 

36  I,  . ,  do  hereby  certify  and  make  oath  (or  affirm) 

37  that  I  am  upwards  of  the  age  of  twenty-one  years,  that  I  reside  at  number 

38  (give  number  and  street,  if  any) . street,  in  the 

39  city  (or  village)  of . ,  of  the  county  of . , 

40  and  State  of  Illinois ;  that  the  signatures  on  this  sheet  were  signed  in  my  pres- 

41  ence,  and  are  genuine,  and  that  to  the  best  of  my  knowledge  and  belief  the 

42  persons  so  signing  were,  at  the  time  of  signing  said  petitions,  qualified  elec- 

% 

43  tors,  and  that  their  respective  residences  are  correctly  stated  as  above  set 

44  forth. 

45  (Signed)  . 

46  Subscribed  and  sworn  to  (or  affirmed)  before  me  this.  ..  .day  of . , 

47  A.  D.  19.... 

48  . 

49  (Seal,  if  officer  has  one.)  .Official  Character. 

50  Such  petitions  shall  consist  of  sheets  of  uniform  size,  and  the  heading  of 

51  each  sheet  shall  be  the  same.  Such  petitions  shall  be  signed  by  qualified  elec- 

52  tors,  in  their  own  proper  persons  only,  and  opposite  the  signature  of  each 


10 


53  signer,  his  residence  address  shall  be  written  (and  if  a  resident  of  a  city  or 

54  village  having  a  population  of  over  10,000  by  the  last  preceding  Federal  or 

55  State  census  the  street  and  number  of  such  residence  shall  be  given).  At  the 

56  bottom  of  each  sheet  shall  be  added  a  statement,  signed  by  an  adult  resident 

57  of  the  city  or  village,  stating  his  residence  address  (and  if  a  resident  of  a  city 

58  or  village  having  a  population  of  over  10,000  by  the  then  last  preceding  Federal 

59  or  State  census  the  street  and  number  of  such  residence  shall  be  given),  certi- 

60  fying  on  oath  or  affirmation  that  the  signatures  on  that  sheet  of  said  petition 

61  were  signed  in  his  presence  and  are  genuine,  and  that  to  the  best  of  his  knowl- 

62  edge  and  belief  the  persons  so  signing  were,  at  the  time  of  signing  said  peti- 

63  tion,  qualified  electors  of  said  city  or  village.  Said  statement  and  also  the 

64  statement  of  the  candidate  hereinbefore  referred  to  shall  be  sworn  to  or  affirmed 

65  before  some  officer  of  the  county  in  which  the  person  making  the  statement 

66  resides,  authorized  to  administer  oaths  therein. 

67  Such  sheets,  before  being  filed,  shall  be  neatly  fastened  together  in  book 

68  form,  by  placing  the  sheets  in  a  pile  and  fastening  them  together  at  the  upper 

69  edge,  in  a  secure  and  suitable  manner,  and  the  sheets  shall  then  be  numbered 

70  consecutively.  The  sheets  shall  not  be  fastened  by  pasting  them  together  end 

71  to  end,  so  as  to  form  a  continuous  strip  or  roll.  Said, petition,  when  tiled,  shall 

72  not  be  withdrawn  or  added  to,  and  no  signature  shall  be  revoked  except  by 

73  revocation,  filed  in  writing  with  the  clerk  or  other  proper  officer  with  whom 

74  the  petition  is  required  to  be  filed,  and  before  the  filing  of  such  petition. 

75  Immediately  upon  the  expiration  of  the  time  of  filing  the  statements  and 

76  petitions  for  candidates,  the  said  city  or  village  clerk  or  board  of  election  com- 

77  missioners,  as  the  case  may  be,  shall  cause  to  be  published,  for  three  suc- 

78  cessive  days  in  all  the  daily  papers  published  in  said  city,  in  proper  form,  the 

79  names  of  the  persons  as  they  are  to  appear  upon  the  primary  ballots,  and  if 

80  there  be  no  daily  newspaper,  then  in  two  issues  of  any  other  newspapers  pub- 

81  lislied  in  said  city  or  village,  and  if  there  be  no  newspaper  published  in  said 


11 

82  city  or  village,  then  in  the  nearest  newspaper  published  in  the  county  in  which 

83  such  city  or  village  is  located,  or  if  there  be  no  newspaper  published  in  said 

84  county,  then  in  the  nearest  newspaper  published  in  the  State;  and  the  clerk 

85  shall  thereupon  cause  the  primary  ballots  to  be  printed  in  the  same  manner 

86  and  in  the  same  number  and  within  the  same  time  as  ballots  are  printed  under 

87  the  election  law  in  force  in  such  city  or  village  for  general  municipal  elec- 

88  tions,  except  as  herein  otherwise  provided.  Said  ballots  shall  be  authenticated 

89  with  the  fac-simile  of  the  clerk’s  signature  on  the  back  thereof.  Upon  said 

90  ballots  the  names  of  the  candidates  for  mayor,  arranged  alphabetically,  shall 

91  first  be  placed,  with  a  square  at  the  left  of  each  name,  and  immediately  above 

92  the  names  and  immediately  following  the  name  of  the  office,  the  words  “Vote 

93  for  one.”  Following  these  names  likewise  arranged  in  alphabetical  order,  shall 

94  appear  the  names  of  the  candidates  for  commissioners  with  a  square  at  the  left 

95  of  each  name  and  immediately  above  the  names  of  such  candidates,  and  imme- 

96  diately  following  the  name  of  the  office,  shall  appear  the  words  “Vote  for 

97  four.”  The  ballots  shall  be  printed  upon  plain,  substantial,  white  paper,  and 

98  shall  comply  with  the  election  laws  in  force  in  such  city  or  village,  except  as 

99  herein  otherwise  provided,  and  shall  be  headed  : 

100  CANDIDATES  FOR  NOMINATION  FOR  MAYOR  AND  COMMIS- 

101  SIONERS  OF  THE  CITY  (OR  VILLAGE)  OF . AT 

102  THE  PRIMARY  ELECTION. 

103  But  shall  have  no  party,  platform  or  principle  designated,  or  appellation 

104  or  mark  whatever,  nor  shall  any  circle  be  printed  at  the  head  of  the  ballot. 

105  The  ballot  shall  be  in  substantially  the  following  form: 

106  OFFICIAL  PRIMARY  BALLOT. 

107  CANDIDATES  FOR  NOMINATION  FOR  MAYOR  AND  COMMIS- 


108  SIONERS  OF  THE  CITY  (OR  VILLAGE)  OF 

109  THE  PRIMARY  ELECTION. 


AT 


12 


FOR  MAYOR. 

(Vote  for  one.i 

□  JOHN  JONES. 

□  JAMES  SMITH. 

□  HENRY  WHITE. 

|  |  RALPH  WILSON. 

FOR  COMMISSIONERS. 

(Vote  for  four.) 

WILLIAM  BURKE. 

GEORGE  MILLER, 

THOMAS  WILLIAMS. 

EDWARD  STUART. 

ROBERT  BUCK. 

HARRY  BROWN. 

JOSEPH  TROUT. 

ARTHUR  ROBBINS. 

110  Such  ballots  shall  be  authenticated  and  attested  on  the  hack  thereof  in  the 

111  same  manner  and  form  as  provided  by  the  election  law  in  force  in  said  city 

112  or  village. 

113  The  law  governing  such  primary  election  shall  be  the  election  law  in  force 

114  in  such  city  or  village,  for  the  general  or  special  municipal  elections,  except 

115  as  herein  otherwise  provided. 

Sec.  15.  (a)  The  persons  who  are  qualified  to  vote  at  a  general  munici- 

2  pal  election  shall  be  qualified  to  vote  at  such  primary  election;  and  in  all  cases 

3  where  registration  is  required  as  a  condition  precedent  to  voting  at  regular 

t 

4  elections,  only  registered  voters  shall  he  entitled  to  vote  at  such  primary. 


□ 

□ 

□ 

□ 

□ 

□ 

□ 

□ 


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5  (b)  For  sucli  primary  election  there  shall  be  a  general  registration,  inter- 

6  mediate  registration  or  revision  of  the  registry,  as  the  case  may  be,  in  accord- 

7  ance  with  the  election  law  in  force  in  such  city  or  village,  the  same  as  if  such 

8  primary  election  was  a  general  municipal  election,  and  for  the  purposes  and 

9  requirements  of  registration,  such  primary  election  shall  be  considered  a  gen- 

10  eral  municipal  election. 

11  (c)  In  all  special  elections  and  special  primary  elections  held  under  this 

12  Act,  if  the  election  law  in  force  in  such  city  or  village,  in  regard  to  special  elec- 

13  tions,  shall  require  general  registration,  intermediate  registration,  or  revision 

14  of  the  registry,  as  the  case  may  be,  for  such  special  elections,  the  same  shall 

15  thereupon  be  had;  and  if  the  election  law  in  force  in  such  city  or  village  re- 

16  quires  registration  as  a  condition  precedent  to  voting  at  such  special  elections, 

17  and  general  registration,  intermediate  registration  or  revision  of  registry,  as 

18  above  provided,  is  had  for  such  special  elections,  only  registered  voters  shall 

19  be  allowed  to  vote:  Provided ,  however ,  that  if  such  election  law  requires  regis- 

20  tration  as  a  condition  precedent  to  voting  at  such  special  elections,  and  no  gen- 

21  eral  registration,  intermediate  registration  or  revision  of  registry  is  had  for 

22  such  special  election,  so  as  to  give  all  legal  voters  who  are  not  registered  an 

23  opportunity  to  register,  then  such  legal  voters  who  are  not  registered  may  vote 

24  upon  tiling  the  affidavits  as  provided  in  subdivision  d  of  this  section. 

25  (d)  If  the  election  law  in  force  in  such  city  or  village  in  regard  to  spe- 

26  cial  elections  does  not  require  general  registration,  intermediate  registration  or 

27  revision  of  the  registry,  the  same  shall  not  be  required:  Provided,  however, 

28  the  books  of  registry  of  the  last  general  registration,  intermediate  registration 

29  or  revision  of  registry,  as  the  case  may  be,  shall  be  used  at  such  special  elec- 

30  tions,  and  no  vote  shall  be  received  at  any  such  special  election,  if  the  name 

31  of  the  person  offering  to  vote  shall  not  be  on  said  books  of  registry,  unless  the 

32  person  offering  to  vote  shall  furnish  to  the  judges  of  election  his  affidavit  in 


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writing,  stating  therein  his  residence,  with  street  and  number  (if  any),  age, 
nativity,  length  of  residence  in  the  State,  county  and  district,  and  that  he  is  an 
inhabitant  of  the  district  and  entitled  to  vote  therein  at  such  special  election, 
and  proves  by  the  written  oath  of  a  householder  and  registered  voter  of  the 
district  in  which  he  offers  to  vote,  that  he  knows  such  person  to  be  an  inhabi¬ 
tant  of  said  district  (and  if  a  city  or  village  having  street  and  numbers)  giv¬ 
ing  the  street  and  number  of  such  person  within  said  district,  and  that  he  is 
entitled  to  vote  at  said  election;  the  intent  of  this  subdivision  d  bein,g  that  no 
legal  voter,  where  registration  is  not  required  as  above,  shall  be  deprived  of 
his  vote  by  reason  of  his  name  not  being  on  the  books  of  registry. 

Sec.  16.  The  two  candidates  receiving  the  highest  number  of  votes  for 
mayor  shall  be  the  candidates  and  the  only  candidates  whose  names  shall  be 
placed  upon  the  ballot  for  mayor  at  the  next  succeeding  general  or  special 
municipal  election,  and  the  eight  candidates  receiving  the  highest  number  of 
votes  for  commissioners,  or  all  such  candidates  if  less  than  eight,  shall  be 
the  candidates  and  the  only  candidates  whose  names  shall  be  placed  upon  the 
ballot  for  commissioners  at  such  municipal  election:  Provided ,  that  nothing 
contained  in  this  Act  shall  be  construed  as  preventing  an  elector,  either  at  the 
primary  election  or  general  or  special  municipal  election,  held  under  this  Act, 
from  writing  in  the  names  of  the  candidate  or  candidates  of  his  choice  in  a. 
blank  space  on  said  ticket,  and  making  a  cross  opposite  thereto  in  accordance 
with  the  election  law  in  force  ip  said  city  or  village. 

Sec.  17.  If,  upon  the  canvass  of  the  returns  of  said  primary  election  by 
the  canvassipg  board,  it  shall  appear  that  more  than  the  number  of  persons 
to  be  nominated  for  the  office  of  mayor  or  of  commissioners  have  the  highest 
and  an  equal  number  of  votes  for  the  nomination  for  the  same  office,  the  said 
canvassing  board  shall  decide  by  lot  which  of  such  persons  shall  be  nominated. 
In  such  case  such  canvassing  board  shall -issue  notice  in  writing  to  such  person 


15 


7  or  persons  of  such  vote,  stating  therein  the  place,  the  day  (which  shall  not  be 

8  more  than  five  (5)  days  thereafter),  and  the  hour  when  such  nomination  shall 

9  be  so  determined. 

Sec.  18.  Any  candidate  whose  name  appears  upon  the  primary  ballot  at 

2  any  primary  election  held  under  this  Act  may  contest  the  election  of  the  can- 

3  didate  or  candidates  nominated  upon  the  face  of  the  returns,  which  contest  and 

4  the  mode  of  procedure  therein  shall  be  as  follows: 

5  (a)  Authority  and  jurisdiction  are  hereby  vested  in  the  county  court  or 

6  in  the  judge  thereof  in  vacation,  or  in  the  circuit  court  or  in  the  judge  or 

7  judges  thereof  in  vacation,  to  hear  and  determine  primary  contests.  Where  a 

8  petition  to  contest  a  primary  shall  be  filed  in  the  office  of  the  clerk  of  the  court, 

9  such  petition  shall  forthwith  be  presented  to  the  judge  thereof,  who  shall  note 

10  thereon  the  day  presented,  and  shall  also  note  thereon  the  day  when  he  will 

11  hear  the  same,  which  shall  not  be  more  than  five  (5)  days  thereafter,  and  shall 

12  order  issuance  of  summons  to  each  defendant  named  in  the  petition. 

13  (b)  Summons  shall  forthwith  issue  to  each  defendant  named  in  the  peti- 

14  tion  and  shall  be  served  in  the  same  manner  as  is  provided  in  cases  in 

15  chancery.  The  case  may  be  heard  and  determined  by  the  county  or  circuit 

16  court  in  term  time,  or  by  the  judge  or  judges  thereof  in  vacation,  at  any  time 

17  not  less  than  three  days  after  service  of  process,  and  shall  have  preference 

18  in  the  order  of  hearing  to  all  other  cases.  The  petitioner  shall  give  security 

19  for  costs. 

20  (c)  If,  in  the  opinion  of  the  court,  or  the  judge  thereof,  in  which  the 

21  petition  is  filed,  the  grounds  for  contest  alleged  are  sufficient  in  law,  the  court 

22  shall  proceed  in  a  summary  manner  and  may  hear  evidence,  examine  the  re- 

23  turns,  recount  the  ballots,  and  make  such  orders  and  enter  such  judgments  as 

24  justice  may  require.  The  court  shall  ascertain  and  declare  by  a  decree,  as  in 

25  chancery,  to  be  entered  of  record  in  the  proper  court,  the  result  of  such  elec- 


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tion  in  the  city  or  village  for  which  the  contest  is  made.  The  judgment  or 
decree  of  the  trial  court  shall  be  final.  A  certified  copy  of  such  decree  shall 
forthwith  be  made  by  the  clerk  of  the  court  and  transmitted  to  the  city  or 
village  clerk  or  clerk  of  the  board  of  election  commissioners,  as  the  case  may 
be,  at  least  three  days  before  election,  who  shall  in  such  case  be  governed 
accordingly. 

(d)  If  the  candidate  nominated  at  such  primary  should  die  or  withdraw 
before  the  general  municipal  election,  the  vacancy  caused  thereby  shall  be  filled 
by  the  placing  of  the  name  of  the  candidate,  if  for  the  office  of  mayor,  receiv¬ 
ing  the  third  highest  number  of  votes,  and  if  for  the  office  of  commissioner,  the 
candidate  receiving  the  ninth  highest  number  of  votes  at  such  primary,  and  so 
on  in  case  of  the  death  or  withdrawal  of  more  than  one  candidate. 

(e)  All  general  and  special  municipal  elections  in  said  city  or  village 
shall  be  held,  conducted  and  contested  under  the  election  law  in  force  in  such 
city  or  village,  except  as  herein  otherwise  provided. 

All  general  or  special  municixjal  elections  in  said  city  or  village  shall  be 
held,  conducted  and  contested  under  the  election  law  in  force  in  such  city  or 
village,  except  as  herein  otherwise  provided. 

Sec,  19.  Upon  the  ballots  for  the  general  or  special  municipal  election  the 
names  of  the  candidates  for  mayor  nominated  at  such  primary  election, 
arranged  alphabetically,  shall  first  be  placed  with  a  square  to  the  left  of  each 
name,  and  immediately  above  the  names,  and  following  the  name  of  the  office, 
the  words  “Vote  for  one”  shall  be  placed. 

Following  such  names,  likewise  arranged  in  alphabetical  order,  shall  ap¬ 
pear  the  names  of  the  candidates  for  commissioners,  nominated  at  such  pri¬ 
mary  election,  with  a  square  to  the  left  of  each  name,  and  above  the  name  of 
such  candidates  and  immediately  following  the  name  of  the  office,  shall  appear 
the  words  “Vote  for  four.” 


17 


11  The  said  ballots  shall  be  printed  upon  plain,  substantial  white  paper,  and 

12  shall  comply  with  the  election  laws  in  force  in  such  city  or  village,  except  as 

13  herein  otherwise  provided,  and  shall  be  headed : 

14  CANDIDATES  FOR  THE  ERECTION  FOR  MAYOR  AND  COMMIS- 

15  SIONERS  OF  THE  CITY  (OR  VILLAGE)  OF . AT 

16  THE  GENERAL  (or  SPECIAL)  MUNICIPAL  ELECTION,  but  such  ballots 

17  shall  have  no  party,  platform  or  principle  designation  or  appellation  or  marks 

18  whatever,  nor  shall  any  circle  be  printed  thereon  at  the  head  of  the  ballot.  The 

19  ballots  shall  be  in  substantially  the  following  form: 

20  OFFICIAL  BALLOT. 

21  CANDIDATES  FOR  THE  ELECTION  FOR  MAYOR  AND  COMMIS- 

22  SIONERS  OF  THE  CITY  (OR  VILLAGE)  OF . AT 

23  THE  GENERAL  (or  SPECIAL)  MUNICIPAL  ELECTION. 

FOR  MAYOR. 

(Vote  for  one.) 

□  JOHN  JONES. 

|  |  JAMES  SMITH. 

FOR  COMMISSIONERS. 

(Vote  for  four.) 

□  WILLIAM  BURKE. 

|  |  GEORGE  MILLER. 

|  |  THOMAS  WILLIAMS. 

|  |  EDWARD  STUART. 

□  ROBERT  BUCK. 

□  HARRY  BROWN. 

|  | JOSEPH  TROUT. 

I  I  ARTHUR  ROBBINS. 


H  43 


18 


24  Such  ballots  shall  be  authenticated  and  attested  on  the  back  thereof  in  the 

25  same  manner  and  form  as  provided  by  the  election  law  in  force  in  such  city 

26  or  village. 

27  Sample  ballots  shall  also  be  printed  and  supplied  in  accordance  with  the 

28  election  law  in  force  in  such  city  or  village. 

PENALTIES  FOR  ELECTION  FRAUDS. 

Sec.  20.  Any  person  who  shall  agree  to  perform  any  service  in  the  inter- 

2  est  of  any  candidate  for  any  nomination  or  election  for  any  office  provided  in 

3  this  Act,  in  consideration  of  any  money  or  other  valuable  thing,  or  for  the 

4  ‘ ‘treats,”  or  for  any  appointment  to  any  office  or  employment  under  such  city 

5  or  village,  for  such  service  performed  in  the  interest  of  any  such  candidate,  or 

6  any  candidate  who  shall  make  a  promise  of  money  or  other  valuable  thing,  or 

7  to  appoint  any  person  to  an  office  in  the  event  of  the  nomination  or  election 

8  of  such  candidate,  in  consideration  of  such  person  performing  any  service  in 

9  the  interest  of  said  candidate,  upon  conviction  thereof,  shall  be  punished  by  a 

10  fine  not  exceeding  three  hundred  dollars  ($300)  or  be  imprisoned  in  the  county 

11  jail  not  exceeding  thirty  (30)  days,  or  both,  in  the  discretion  of  the  court. 

Sec.  21.  Any  person  offering  to  give  a  bribe,  either  in  money  or  other 

2  consideration,  or  in  the  form  of  treating,  or  by  agreement  to  appoint  to  any 

3  office  or  employment  under  such  city  or  village  to  any  elector  for  the  pur- 

4  pose  of  influencing  his  vote  at  any  election  provided  for  in  this  Act,  or  any 

5  elector  entitled  to  vote  at  any  such  election  requesting,  receiving  or  accepting 

6  such  bribe,  money,  other  consideration  or  treats,  or  agreeing  to  vote  or  support 

7  any  candidate  in  consideration  that  he  be  appointed  to  an  office  or  employ- 

8  ment  under  such  city,  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  con- 

9  viction,  shall  be  fined  a  sum  not  less  than  one  hundred  dollars  ($100)  nor 

10  more  than  five  hundred  dollars  ($500)  or  be  imprisoned  in  the  county  jail  not 

11  less  than  ten  nor  more  than  ninety  days,  or  both,  in  the  discretion  of  the  court. 


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POWERS  OF  THE  COUNCIL. 

Sec.  22.  Every  such  city  or  village  shall  be  governed  by  a  council,  con¬ 
sisting  of  the  mayor  and  four  commissioners,  as  provided  in  this  Act,  each  of 
whom  shall  have  the  right  to  vote  on  all  questions  coming  before  the  council. 
Three  members  of  the  council  shall  constitute  a  quorum,  and  the  affirmative 
vote  of  three  members  shall  be  necessary  to  adopt  any  motion,  resolution  or 
ordinance,  or  pass  any  measure,  unless  a  greater  number  is  provided  for  by 
this  Act.  Upon  every  vote  the  “yeas”  and  “nays”  shall  be  called  and  re¬ 
corded,  and  every  motion,  resolution  or  ordinance  shall  be  reduced  to  writing 
and  read  before  a  vote  is  taken  thereon,  and  all  the  commissioners,  including 
the  mayor,  present  at  any  meeting  shall  vote  thereon. 

The  mayor  shall  preside  at  all  meetings  of  the  council.  He  shall  have 
no  power  to  veto  any  measure,  motion,  resolution  or  ordinance,  but  every  reso¬ 
lution,  ordinance  and  measure  passed  by  the  council  must  be  signed  by  the 
mayor,  or  by  two  commissioners,  and  be  recorded  before  the  same  shall  be  in 
force. 

Sec.  23.  The  council  shall  have  and  possess,  and  the  council  and  its  mem¬ 
bers  shall  exercise  all  executive  and  legislative  powers  and  duties  now  had, 

t 

possessed  and  exercised  by  the  mayor,  city  council,  president  and  board  of 
trustees  of  villages,  board  of  library  trustees,  city  clerk,  city  attorney,  city 
engineer,  city  treasurer,  city  comptroller  and  all  other  executive,  legislative 
and  administrative  officers  in  cities  or  villages  now  or  hereinafter  organized 
and  incorporated  under  the  general  incorporation  law  of  the  State  of  Illinois 
for  the  incorporation  of  cities  and  villages,  except  that  in  each  city  or  village 
organized  under  and  adopting  the  provisions  of  this  Act  the  board  of  local  im¬ 
provements,  provided  for,  in  and  by  an  Act  entitled,  “An  Act  con¬ 
cerning  local  improvements,”  approved  June  14,  1897,  in  force  July  1,  1897, 
and  all  Acts  amendatory  thereto,  shall  be  and  remain  a  separate  and  distinct 


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body,  with  all  the  rights,  powers,  duties  and  authority  in  said  Act  contained, 
and  except  also,  that  nothing  herein  contained  shall  apply  or  extend  or  per¬ 
tain  to  or  in  any  way  affect  the  park  and  driveway  officers  now  or  hereafter 
elected  under  the  particular  laws  pertaining  thereto,  and  except  also  that  noth¬ 
ing  contained' in  this  Act  shall  in  any  way  extend  or  pertain  to  or  affect  any 
public  school  law  in  operation  in  any  municipality  which  may  adopt  this  Act, 
anything  in  this  present  Act  contained  to  the  contrary  notwithstanding. 

The  executive  and  administrative  powers,  authority  and  duties  in  such 
cities  and  villages  shall  be  distributed  into  and  among  five  departments,  as 
follows : 

1.  Department  of  public  affairs. 

2.  Department  of  accounts  and  finances. 

3.  Department  of  public  health  and  safety. 

4.  Department  of  streets  and  public  improvements. 

5.  Department  of  public  property. 

The  council  shall,  by  ordinance,  determine  the  powers  and  duties  of, 
and  to  be  performed  by,  each  department  and  assign  them  to  the  appropriate 
departments ;  shall  prescribe  the  powers  and  duties  of  officers  and  employes  and 
may  assign  employes  to  one  or  more  of  the  departments;  may  require  an  offi¬ 
cer  or  employe  to  perform  duties  in  two  or  more  departments,  and  may  make 
such  other  rules  and  regulations  as  may  be  necessary  or  proper  for  the  efficient 
and  economical  conduct  of  the  business  of  the  city  or  village. 

Sec.  24.  The  mayor  shall  be  commissioner  of  public  affairs  and  as  such  be 
superintendent  of  that  department;  and  the  council  shall,  at  the  first  regular 
meeting  after  election  of  its  members,  designate  by  a  majority  vote,  one  conn 
missioner  to  be  commissioner  of  accounts  and  finances,  who  shall  be  superin¬ 
tendent  of  that  department;  one  to  be  commissioner  of  public  health  and  safety, 
who  shall  be  superintendent  of  that  department;  one  to  be  commissioner  of 


21 


7  streets  and  public  improvements,  who  shall  be  superintendent  of  that  depart- 

8  ment,  and  who  ex  officio  shall  be  commissioner  of  public  works;  and  one  to  be 

9  commmissioner  of  public  property,  and  as  such  to  be  superintendent  of  that 

10  department;  but  such  designation  may  be  changed  by  the  council  whenever  it 

11  appears  that  the  public  service  would  be  benefited  thereby.  The  council,  by  a 

12  majority  vote,  may,  in  their  discretion,  at  such  first  meeting  or  as  soon  as  prac- 

13  ticable  thereafter,  elect,  by  a  majority  vote,  the  following  officers :  City  clerk, 

14  corporation  counsel,  city  attorney,  assistant  city  attorney,  treasurer,  comptrol- 

15  ler,  city  physician,  chief  of  police,  chief  of  fire  department,  harbor  master,  mar- 

16  ket  master,  three  library  trustees  and  the  necessary  officers  to  fill  the  offices  pro- 

17  vided  for  by  the  Local  Improvement  Act,  known  as  “An  Act  concerning  local 

18  improvements,”  approved  June  14,  1897,  in  force  July  1,  1897:  Provided,  that 

19  the  commissioner  of  streets  and  public  improvements  under  this  Act  shall  be 

20  ex  officio  the  commissioner  of  public  works  and  a  member  of  the  board  of 

21  local  improvements  as  and  when  provided  for  by  said  Act  concerning  local 

22  improvements. 

23  Any  officer  or  assistant  or  employe  elected  or  appointed  by  the  council  may 

24  be  removed  from  office  at  any  time  by  a  vote  of  a  majority  of  the  members  of 

25  the  council,  except  as  otherwise  provided  in  this  Act. 

i 

Sec.  25.  The  council  shall  have  the  power,  by  ordinance,  from  time  to 

2  time,  to  create,  fill  and  discontinue  offices  and  employment  other  than  herein 

3  prescribed,  according  to  their  judgment  of  the  needs  of  the  city  or  village; 

4  and  may,  by  majority  vote  of  all  the  members,  remove  any  such  officer  or  em- 

5  ploye  appointed  by  .them,  except  as  otherwise  provided  for  in  this  Act;  and 

6  may,  by  resolution  or  otherwise,  prescribe,  limit  or  change  the  compensation 

7  of  all  appointive  officers  or  employes. 


2 

3 

4 

5 

G 

7 

8 

9 

10 

11 

12 

2 

3 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 


22 


CIVIL  SERVICE. 

Sec.  26.  In  all  cities  or  villages  which  have  heretofore  or  shall  hereafter 
adopt  an  Act  entitled,  “An  Act  to  regulate  the  civil  service  of  cities,”  ap¬ 
proved  and  in  force  March  20,  1895,  the  council  shall  not  have  the  right,  power 
or  authority  to  appoint  or  discharge  any  officer,  assistant  or  employe,  except 
in  accordance  with  such  Act:  Provided,  however,  the  council  shall  have  the 
power  to  remove  officers  who  are  elected  by  the  council  pursuant  to  law,  judges 
and  clerks  of  election,  heads  of  any  principal  department  of  the  city  subordi¬ 
nate  to  any  of  the  departments  provided  for  in  sections  23  and  24  of  this  Act. 

Nothing  herein  contained  shall  be  construed  to  prevent  any  city  adopting 

this  Act  from  adopting  “An  Act  to  regulate  the  civil  service  of  cities,”  ap- 

* 

proved  and  in  force  March  20,  1895,  and  all  amendatory  Acts  thereto,  but  such 
city  may  adopt  such  Act  in  the  manner  in  that  Act  provided. 

Sec.  27.  The  council  shall  have  the  right,  power  and  authority  to  appoint 
the  heads  of  all  principal  departments,  subordinate  to  the  departments  provided 
for  in  sections  23  and  24  of  this  Act. 

Sec.  28.  In  all  cities  or  villages  which  have  heretofore  or  shall  hereafter 
adopt  an  Act  entitled,  “An  Act  to  regulate  the  civil  service  of  cities,”  ap¬ 
proved  and  in  force  March  20,  1895,  all  officers,  assistants  and  employes  of 

# 

such  city,  except  those  mentioned  in  sections  23,  24  and  27,  and  within  the  pro¬ 
viso  of  section  26  of  this  Act,  shall  be  appointed  by  the  commissioner  of 
each  department  mentioned  in  section  23  in  accordance  with  such  Act  entitled, 
“An  Act  to  regulate  the  civil  service  of  cities,”  approved  and  in  force  March 
20,  1895;  and  in  all  cities  or  villages  which  have  not  heretofore  or  shall  not 
hereafter  adopt  such  civil  service  Act,  all  such  officers,  assistants  and  employes 
shall  be  appointed  by  the  commissioner  of  each  department  specified  in  section 
23  and  may  be  discharged  by  him  when,  in  his  judgment,  the  efficient  conduct  of 
the  city’s  affairs  shall  demand  it. 


23 


Sec.  29.  Any  officer,  assistant  or  employe  who  shall  have  been  elected  or 

2  appointed  by  the  council  in  accordance  with  the  provisions  of  this  Act  may 

3  be  removed  from  office  at  any  time  by  a  vote  of  a  majority  of  the  members  of 

4  such  council,  except  as  otherwise  provided  for  in  this  Act  or  by  law. 

SALARIES. 

Sec.  30.  The  mayor  and  each  of  the  commissioners  shall  have  an  office  at 

2  the  municipal  building  or  rooms,  and  shall  devote  such  time  to  the  duties  of 

3  their  respective  offices  as  a  faithful  discharge  thereof  may  require:  Provided, 

4  that  in  cities  of  twenty  thousand  (20,000)  population  and  over  the  mayor  and 

5  the  commissioners  shall  devote  at  least  six  hours  daily  to  the  performance  of 

6  their  official  duties;  and  their  total  and  only  compensation  for  the  performance 

7  of  their  several  and  respective  duties  shall  be  annual  salaries  which  shall  be 

8  fixed  by  the  council  and  which  shall  not  exceed  as  follows,  to-wit: 

9  Where  the  population  is  not  over  2,000,  the  annual  salary  of  the  mayor 

10  may  be  $50.00,  and  of  each  commissioner  $40.00. 

11  Where  the  population  is  over  2,000,  and  not  over  5,000,  the 

12  annual  salary  of  the  mayor  may  be  $250.00,  and  of  each  commis- 

13  sioner  $100.00. 

14  Where  the  population  is  over  5,000,  and  not  over  10,000,  the  annual  sal- 

15  arv  of  the  mayor  may  be  $600.00,  and  of  each  commissioner  $400.00. 

$ 

16  Where  the  population  is  over  10,000,  and  not  over  15,000,  the  annual  salary 

17  of  the  mayor  may  be  $1,200.00,  and  of  each  commissioner  $900.00. 

18  Where  the  population  is  over  15,000,  and  not  over  20,000,  the  annual  salary 

19  of  the  mayor  may  be  $2,000.00,  and  of  each  commissioner  $1,700.00. 

20  Where  the  population  is  over  20,000,  and  not  over  30,000,  the  annual  salary 

21  of  the  mayor  may  be  $2,500.00,  and  of  each  commissioner  $2,000.00. 

22  Where  the  population  is  over  30,000,  and  not  over  40,000,  the  annual  salary 
of  the  mayor  may  be  $3,500.00,  and  of  each  commissioner  $3,000.00. 


23 


24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

2 

3 

4 

5 

2 

3 

4 

5 

6 

7 

8 

9 


24 


Where  the  population  is  over  40,000,  and  not  over  60,000,  the  annual  salary 
of  the  mayor  may  he  $4,000.00,  and  of  each  commissioner  $3,500.00. 

Where  the  population  is  over  60,000,  and  not  over  80,000,  the  annual  salary 
of  the  mayor  may  be  $4,500.00,  and  of  each  commissioner  $4,000.00. 

Where  the  population  is  over  80, .000,  and  not  over  100,000,  the  annual  sal¬ 
ary  of  the  mayor  may  be  $5,000.00,  and  of  each  commissioner,  $4,500.00. 

Where  the  population  is  over  100,000,  and  not  over  200,000,  the  annual 
salary  of  the  mayor  may  be  $6,000.00,  and  of  each  commissioner  $5,500.00. 

All  such  annual  salaries  shall  be  payable  in  equal  monthly  installments, 
and,  where  the  number  of  inhabitants  is  referred  to  in  this  section,  it  shall 
mean  the  number  of  inhabitants  according  to  the  State  or  federal  census  last 
preceding  the  election  of  the  mayor  and  commissioners. 

Sec.  31.  All  other  officers,  assistants  or  employes  of  such  city  or  village 
shall  receive  such  salary  or  compensation  as  the  council  thereof  shall  by  ordi¬ 
nance  provide,  payable  monthly  or  at  such  shorter  periods  as  the  council  may 
determine,  but  no  change  shall  be  made  in  said  salaries  during  the  six  months’ 
period  preceding  any  regular  biennial  election. 

MEETINGS  AND  OEDINANCES. 

Sec.  32.  Begular  meetings  of  the  council  shall  be  held  on  the  first  Monday 
after  the  mayor  and  commissioners  shall  have  entered  upon  the  performance 
of  their  respective  official  duties,  and  thereafter  at  least  once  each  week.  The 
council  shall  provide  by  ordinance  for  the  holding  of  regular  meetings,  and 
special  meetings  may  be  called  from  time  to  time  by  the  mayor  or  two  commis¬ 
sioners  upon  giving  not  less  than  twenty-four  hours’  notice  to  all  members  of 
the  council:  Provided,  however,  that  if  all  members  of  the  council  are  present 
at  such  special  meeting  no  notice  of  such  meeting  shall  be  necessary.  All 
meetings  of  the  council,  whether  regular  or  special,  shall  be  open  to  the  public. 


25 


10  The  mayor  shall  be  president  of  the  council  and  preside  at  its  meetings, 

11  and  shall  supervise  all  departments  and  report  to  the  council  for  its  action  all 

12  matters  requiring  attention  in  any  department.  The  commissioner  of  ac- 

13  counts  and  finance  shall  be  vice  president  of  the  council,  and  in  case  of  vacancy 

14  in  the  office  of  mayor  or  the  absence  or  inability  of  the  mayor,  shall  perform 

15  .the  duties  of  mayor. 

Sec.  33.  Every  ordinance  or  resolution  appropriating  any  money  or  or- 

2  dering  any  street  improvement  or  sewer,  or  making  or  authorizing  the  making 

3  of  any  contract  or  granting  any  franchise,  right  or  license  to  occupy  or  use  the 

4  streets,  alleys,  highways,  bridges,  viaducts,  public  property  or  public  places  in 

5  .the  city  or  village  for  any  purpose,  shall  remain  on  file  with  the  city  or  village 

6  clerk  for  public  inspection,  complete  in  form  in  which  it  is  finally  passed, 

7  at  least  one  week  before  the  final  passage  or  adoption  thereof. 

Sec.  34.  Every  grant  of  any  franchise,  right  or  license  to  occupy  or  use  the 

2  streets,  alleys,  highways,  bridges,  subways,  viaducts,  public  property  or  public 

3  places  for  aerial  way,  interurban,  suburban,  subway,  elevated  or  street  rail- 

4  ways,  gas,  water  works,  electric  light,  power  plants,  heating  plants,  telegraphs, 

5  telephone  systems  or  other  public  service  utilities  within  said  city  or  village, 

6  must  be  authorized  or  approved  by  a  majority  of  the  electors  voting  thereon 

7  at  a  general  or  special  election  as  provided  herein,  except  as  otherwise  provided 

8  in  section  4  of  this  Act. 

Sec.  35.  Upon  the  passage  of  any  ordinance  or  ordinances  by  the  council 

2  granting  any  franchise,  right  or  license  specified  in  section  34  of  this  Act,  the 

3  same  shall  forthwith  be  submitted  to  a  vote  of  the  electors  of  said  city  or  vil- 

4  lage  at  a  special  election  called  by  such  council  for  such  purpose,  and  notice  of 

5  which  shall  be  given  in  the  same  manner  and  form  and  within  the  same  time 

6  by  the  same  persons  as  notices  of  special  elections  within  said  city  or  village  are 


26 


7  required  to  be  given  under  the  election  law  in  force  in  such  municipality,  except 

8  as  otherwise  provided  in  this  Act. 

9  The  ballots  used  when  voting  upon  said  ordinance  or  ordinances  shall  con- 

10  tain  these  words:  “Shall  the  city  or  village  (name  of  city  or  village) 

11  . adopt  the  ordinance  (stating  the  nature  of  the  proposed  ordi- 

12  nance)  ?” 

13  The  proposition  or  propositions  to  be  voted  upon  shall  appear  in  plain. 


14  prominent  type,  and  on  a  separate  and  distinct  ballot,  and  the  names  of  no 

15  candidates  for  any  office  or  offices,  nor  any  other  proposition  or  propositions 

16  except  those  authorized  under  this  Act,  shall  appear  thereon,  and  such  ballot 

17  and  the  manner  of  voting  the  same  shall  substantially  comply  with  section  16, 

18  and  all  amendments  thereto,  of  an  Act  entitled,  “An  Act  to  provide  for  the 

19  printing  and  distribution  of  ballots  at  public  expense,  and  for  the  nomination 

20  of  candidates  for  public  offices,  to  regulate  the  manner  of  holding  elections  and 

21  to  enforce  the  secrecy  of  the  ballot,  approved  June  22,  1891,  in  force  July  1, 

22  1891.” 

23  Provided ,  that  two  or  more  such  ordinances  specified  in  section  34  may  be 

24  submitted  at  the  same  time  and  upon  the  same  ballot:  Provided ,  further ,  that 

25  any  one  or  more  ordinances,  as  hereinafter  provided  for  in  sections  47  and  48, 

26  may  be  submitted  at  such  election  upon  the  same  ballot,  if  all  the  other  require- 

27  ments  of  this  Act  relative  to  such  proposed  ordinance  or  ordinances  shall  have 

28  been  complied  with. 

29  The  style  of  all  ordinances  passed  by  municipalities  adopting  this  Act  shall 

30  be:  “Be  it  ordained  by  the  council  of  the  city  (or  village)  of . ” 

Sec.  36.  No  special  election  shall  be  called  for  the  approval  or  rejection 

2  of  any  ordinance  mentioned  in  sections  34  and  35,  if  a  general  municipal  elec- 

3  tion  provided  for  by  law  occurs  within  ninety  days  after  the  passage  thereof, 

4  in  which  case  such  ordinance  or  ordinances  shall  be  submitted  to  a  vote  of  the 


27 


5  electors  of  said  city  or  village,  at  sacli  general  municipal  election  in  manner 

6  and  form  as  provided  herein. 

7  If  a  majority  of  the  qualified  electors,  either  at  a  general  or  special  election, 

8  voting  on  such  ordinance  or  ordinances  respectively,  shall  vote  in  favor  thereof. 

9  such  ordinance  or  ordinances  shall  thereupon  become  a  valid  and  binding  ordi- 
10  nance  of  the  municipality. 

OFFICERS  NOT  TO  BE  INTERESTED  IN  CITY  CONTRACTS. 

Sec.  37.  No  mayor,  commissioner,  officer,  assistant  or  employe  elected  or 

2  appointed  in  any  such  city  or  village  shall  be  interested,  directly  or  indirectly, 

3  in  any  contract  or  job  for  work  or  materials,  or  profits  thereof,  or  services  to 

4  be  furnished  or  performed  for  the  city  or  village,  and  no  mayor,  commissioner, 

5  officer,  assistant  or  employe  shall  be  interested,  directly  or  indirectly,  in  any 

6  contract  or  job  for  work  or  materials,  or  the  profits  thereof,  or  services  to  be 

7  furnished  or  performed  for  any  person,  firm  or  corporation,  operating  aerial- 

8  way,  interurban,  suburban,  subway,  elevated  or  street  railways,  gas  works, 

9  water  works,  electric  light  plants,' power  plants,  heating  plants,  telegraph  or 

10  telephone  lines,  systems  or  exchange,  or  other  public  utility  wholly  or  partly 

11  within  the  territorial  limits  of  said  city  or  village.  No  mayor,  commissioner, 

12  officer,  assistant  or  employe  shall  request,  accept  or  receive,  directly  or  indi- 

13  rectly,  from  any  person,  firm  or  corporation  owning,  operating  or  leasing 

14  within  or  partly  within  the  territorial  limits  of  said  city  or  village  any 

15  aerial-way,  interurban  railway,  suburban  railway,  subway  railway,  elevated 

16  railway  or  street  railway,  gas  works,  water  works,  electric  light  plant,  power 

17  plant,  heating  plant,  telegraph  lines  or  systems,  telephone  lines,  system  or  ex- 

18  change,  or  other  public  service  utility  operating  under  any  grant  or  franchise, 

19  license  or  right,  or  from  any  steamboat,  ship,  tug  or  ferry  line  leaving  or 

20  entering  or  operating  within  said  city  or  village,  any  employment,  for  hire  or 

21  otherwise,  or  any  frank,  free  ticket,  pass,  or  free  service,  either  for  himself 


22 

23 

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27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

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3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


28 


family,  relatives  or  any  other  person,  or  request,  accept  or  receive,  directly  or 
indirectly,  from  any  such  person,  firm  or  corporation,  any  other  service  upon 
terms  more  favorable  than  is  granted  to  the  public  generally. 

Any  violation  of  this  section  shall  be  a  misdemeanor  and  punished  by  a 
fine  not  less  than  $100.00  nor  more  than  $500.00,  and  shall  be  ground  for  re¬ 
moval  from  office  or  employment. 

Such  prohibition  of  free  transportation  shall  not  apply  to  policemen  or 
firemen  in  uniform,  nor  shall  any  free  service  to  city  or  village  officials  or  em¬ 
ployes  heretofore  provided  by  any  franchise,  or  license,  be  affected  by  this 
section. 

Any  officer  or  employe  of  such  city  or  village  who  in  any  manner  con¬ 
tributes  money,  labor  or  other  valuable  thing  to  any  person  for  election  pur¬ 
poses  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
punished  by  a  fine  not  exceeding  $300.00  or  by  imprisonment  in  the  county  jail 
not  exceeding  thirty  days,  or  both,  at  the  discretion  of  the  court. 

Sec.  38.  All  officers,  assistants  and  employes  in  any  such  municipality 
shall  be  elected  or  appointed  in  accordance  with  this  Act  with  reference  to  their 
qualifications  and  fitness  and  for  the  good  of  the  public  service,  and  without 
reference  to  their  political  or  religious  faith  or  party  affiliations. 

Any  candidate  for  any  office  authorized  to  be  voted  for  under  this  Act,  who 
shall,  directly  or  indirectly,  enter  into  any  understanding  or  agreement  to  do  or 
not  to  do  any  official  act  in  the  event  of  his  election  to  the  benefit  or  advantage  of 
any  person,  firm,  corporation  or  associ  ition  in  consideration  for  the  influence,  sup¬ 
port  and  assistance  of  said  person,  firm,  corporation  or  association  to  bring 
about  the  election  of  such  candidate,  shall  be  deemed  to  be  guilty  of  giving, 
or  offering  to  give,  a  bribe,  and  if  convicted  thereof  shall  be  punished 
by  a  fine  of  not  less  than  $100.00  nor  more  than  $500.00  or  by  imprisonment 
in  the  county  jail  not  exceeding  thirty  days,  or  both,  in  the  discretion  of  the 


29 


i 

14  court,  and  if  elected  to  office  he  shall  be  deemed  to  have  resigned  such  office  by 

15  reason  of  such  conviction.  Nothing  herein  contained  shall  be  taken  to  prevent 

16  any  candidate  from  publicly  outlining  his  position  or  pledging  his  support  for, 

17  or  opposition  to,  any  measure  or  prospective  measure  of  a  public  nature. 

,  i 

Sec.  39.  Every  elective  officer,  elected  by  the  electors  of  such  city  or  vil- 

2  lage,  shall,  within  thirty  days  after  qualifying,  file  with  the  city  or  village  clerk 

3  and  publish  at  least  once  in  a  daily  newspaper  of  general  circulation,  or  if  there 

4  is  no  daily  newspaper  published  in  such  city  or  village,  then  in  a  weekly  news- 

5  paper  of  general  circulation  published  in  such  city  or  village,  or  if  there  is  no 

6  weekly  newspaper  published  in  such  city  or  village,  then  in  some  newspaper  of 

7  general  circulation  published  in  the  county  in  which  such  city  or  village  is  lo- 

8  cated,  his  sworn  statement  of  all  his  election  and  campaign  expenses  (including 

9  primary  election),  and  by  whom  such  funds  were  contributed. 

10  Any  violation  of  the  provisions  of  this  section  shall  constitute  a  misde- 

11  meanor  and  be  punished  by  a  fine  not  exceeding  $500.00  or  by  imprisonment  in 

12  the  county  jail  not  exceeding  three  months,  or  by  both  such  fine  and  imprison- 

13  ment,  in  the  discretion  of  the  court,  and  shall  be  a  ground  for  removal  from 

14  office. 

FINANCES  AND  APPROPRIATIONS 

Sec.  40.  The  council  shall  each  month  print  in  a  pamphlet  form,  a  detailed 

2  itemized  statement  of  all  receipts  and  expenses  of  the  city  or  village  and  a  sum- 

3  mary  of  its  proceedings  during  the  preceding  month,  and  furnish  printed  copies 

4  thereof  to  the  State  library,  the  city  library,  all  the  daily  and  weekly  news- 

5  papers  of  general  circulation  of  the  city  or  village,  and  to  persons  who  shall  ap- 

6  ply  therefor  at  the  office  of  the  city  or  village  clerk.  At  the  end  of  each  year  in 

7  addition  to  the  duties  prescribed  in  section  55  of  the  Act,  the  council  shall  cause 

8  a  full  and  complete  examination  of  all  books  and  accounts  of  the  city  or  village 


9 

10 

11 

12 

13 

14 

15 

16 

17 

2 

3 

4 

5 

6 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 


30 


to  be  made  by  competent  accountants,  and  shall  publish  the  result  of  such  ex¬ 
amination  in  the  manner  above  provided  for  publication  of  statement  of 
monthly  expenditures. 

It  shall  be  unlawful  for  the  council  or  any  commissioner  to  directly  or  in¬ 
directly  expend  a  greater  amount  for  any  municipal  purpose  than  the  amount 
appropriated  for  such  municipal  purpose  in  the  annual  appropriation  ordinance 
passed  for  that  fiscal  year.  A  violation  of  this  provision  by  any  member  of 
the  council  shall,  upon  conviction  thereof,  subject  the  offender  to  a  fine  of  not 
less  than  $100.00  and  not  to  exceed  $500.00. 

Sec.  41.  If,  at  the  beginning  of  the  term  of  office  of  the  first  council  elected 
in  such  city  or  village  under  the  provisions  of  this  Act,  the  appropriation  for 
the  expenditures  of  the  city  or  village  government  for  the  current  fiscal  year 
have  been  made,  said  council  shall  have  the  power  by  ordinance  to  revise,  to 
repeal  or  change  said  appropriation  and  to  make  additional  appropriations  in 
the  manner  and  within  the  time  provided  by  law. 

RECALL  OF  ELECTIVE  OFFICERS. 

Sec.  42.  Every  incumbent  of  an  elective  office,  whether  elected  by  a  popu¬ 
lar  vote  or  appointed  to  fill  a  vacancy,  is  subject  to  recall  and  removal  at  any 
time  by  the  electors  qualified  to  vote  for  a  successor  of  such  incumbent. 

The  procedure  to  effect  the  removal  of  an  incumbent  of  such  office  shall  be 
as  follows: 

(a)  A  petition  signed  by  electors  entitled  to  vote  for  a  successor  to  the 
incumbent  sought  to  be  recalled  or  removed,  equal  in  number  to  at  least 
seventy-five  per  centum  of  the  entire  vote  for  all  candidates  for  the  office  of 
mayor  at  the  last  preceding  general  municipal  election,  demanding  an  elec¬ 
tion  of  a  successor  of  the  person  sought  to  be  removed  or  recalled,  shall  be 
filed  with  the  city  or  village  clerk  or  clerk  of  the  Board  of  Election  Commis- 


31 


12  sioners,  as  .the  case  may  be,  which  petition  shall  contain  a  general  statement, 

13  in  not  more  than  two  hundred  words,  of  the  ground  for  which  the  removal  or 

14  recall  is  sought. 

15  (b)  The  petition  shall  be  substantially  in  the  following  form: 

16  To  the  clerk  of  the  city  (name  of  city  or  village),  or  Board  of  Election 

17  Commissioners  of  the  city  or  village  of .  (as  the  case 

18  may  be) : 

19  We,  the  undersigned  electors  of  the  city  or  village  of  (name  of  city  or  vil- 

20  lage),  entitled  to  vote  for  a  successor  to  (name  of  person),  an  incumbent  of  the 

21  office  of  (name  of  office),  in  said  city  or  village,  do  hereby  demand  an  election 

22  of  a  successor  to  said  (name  of  person)  for  the  following  reasons,  to-wit:  (here 

23  state  reasons  in  not  more  than  two  hundred  words). 


Name 

HouseNumber  (if  any) 

Street 

Date  of  Signing 

24 


25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 


State  of  Illinois, 
County  of . 


I,  . ,  do  hereby  certify  and  make  oath  (or  affirm)  that 

I  am  upwards  of  the  age  of  twenty-one  years,  that  I  reside  at  Number . 

Street,  in  the  city  or  village  of .  of  the  County . 

and  State  of  Illinois,  that  the  signatures  on  this  sheet  were  signed  in  my  pres- 
ence,  on  the  dates  set  opposite  their  respective  names,  and  that  the  same  are 
genuine,  and  that  to  the  best  of  my  knowledge  and-  belief  the  persons  so  sign¬ 
ing  were  at  the  time  of  signing  qualified  electors,  entitled  to  vote  for  a  suc¬ 
cessor  of  (here  insert  name  of  person  holding  office  and  also  the  title  of  the 
office)  . and  that  their  respective  residences  are  cor¬ 

rectly  stated  as  above  set  forth. 


36 


37 

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39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 

63 

64 

65 


32 


Subscribed  and  sworn  (or  affirmed)  to  before  me  this 
day  of . A.  D.  19. . . . 


(Official  Character.) 

(Seal  if  officer  has  one.) 

(c)  Such  petition  shall  consist  of  sheets  having  such  form  printed  or 
written  at  the  top  thereof  and  shall  be  signed  by  electors  qualified  to  vote  for 
such  successor,  in  their  own  proper  person  only,  and  opposite  the  signatures 
of  each  petitioner  shall  be  written  b}r  such  person  his  residence  address  (stat¬ 
ing  the  street  and  number  if  there  be  such)  and  the  date  of  signing  the  same. 
No  signatures  shall  be  valid  or  be  counted  in  considering  such  petition  unless 
these  requirements  are  complied  with  and  unless  the  date  of  signing  is  less 
than  four  months  preceding  the  date  of  filing  such  petition. 

At  the  bottom  of  each  sheet  shall  be  added  a  statement,  signed  by  a  res¬ 
ident  of  the  city  or  village  in  which  the  signers  thereof  reside,  with  his  resi¬ 
dence  address  as  aforesaid,  stating  that  the  signatures  on  the  sheet  were 
signed  in  his  presence,  on  the  dates  set  opposite  the  respective  names,  and  that 
the  same  are  genuine  and  to  the  best  of  his  knowledge  and  belief  the  persons 
so  signing  were  at  the  time  of  signing  qualified  electors,  entitled  to  vote  for  a 
successor  of  the  incumbent  sought  to  be  removed  or  recalled,  and  in  cities  or 
villages  in  which  voters  are  or  may  be  required  to  be  registered,  that  they  were 
at  time  of  signing  said  sheet  duly  registered,  and  that  their  respective  resi¬ 
dences  are  correctly  stated  as  set  forth  on  such  sheet. 

Such  statement  shall  be  sworn  to  before  an  officer  residing  in  the  county 
in  which  such  city  or  village  is  located,  who  is  qualified  to  administer  oaths* 
therein.  Such  petition,  so  verified,  or  a  copy  thereof  duly  certified  by  the 
proper  persons,  shall  be  prima  facie  evidence  that  the  signatures,  statement  of 
residence,  and  dates  upon  such  are  genuine  and  true  and  that  the  per¬ 
sons  signing  the  same  are  electors  qualified  to  vote  for  a  successor  of  such  in- 


66 

67 

68 

69 

ro 

71 

72 

73 

74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 


33 


cumbent  and  in  cities  and  villages  In  which  the  voters  are  or  may  be  required 
to  be  registered,  that  they  were  at  the  time  of  the  signing  of  such  petition 
duly  registered  voters. 

(d)  Such  sheets  shall  be  fastened  together  in  one  document  filed  as  a 
whole  and  when  filed  shall  not  be  withdrawn  or  added  to  or  altered  in  any 
manner  by  any  person.  No  signature  shall  be  revoked  except  by  a  revocation 
filed  in  writing  with  the  clerk  with  whom  the  petition  is  required  to  be  filed 
and  before  the  filing  of  such  petition.  Upon  request  of  any  person,  the  clerk 
shall  furnish  a  certified  copy  of  such  petition  and  names  thereto,  upon  the 
payment  by  such  person  to  the  clerk  of  a  fee  of  one  dollar  for  each  100  names 
thereto. 

(e)  Whoever  in  making  the  sworn  statement  above  prescribed  shall 
knowingly,  wilfully  and  corruptly  swear  falsely  shall  be  deemed  guilty  of  per¬ 
jury  and  on  conviction  thereof  shall  be  punished  accordingly.  Whoever  forges 
the  signatures  of  any  person  upon  any  petition  or  statement,  or  residence, 
address,  street  or  number  or  date  of  signing,  shall  be  deemed  guilty  of  forgery 
and  on  conviction  thereof,  punished  accordingly. 

(f)  All  objections  to  such  petition  shall  be  filed  and  determined  within 
ten  days  after  the  filing  of  the  same:  Provided,  no  officer  sought  to  be  re¬ 
called  shall  have  any  voice  or  vote  in  determining  sufficiency  of  such  petition. 
All  objections  shall  be  determined  by  the  council. 

(g)  The  petition  being  sufficient,  the  clerk  shall  immediately  after  the 
expiration  of  such  ten  days  submit  the  same  to  the  council  without  delay,  and 
the  council  shall  order  and  fix  the  date  for  holding  the  said  election,  which 
shall  not  be  less  than  thirty  days  nor  more  than  forty  days  after  the  expiration 
of  such  ten  days. 

(h)  Such  election  and  the  primary  election  immediately  preceding  the 
same  shall  be  considered  a  special  election,  so  far  as  registration  for  voters 


-H  43 


34 


94  and  revision  of  registry  is  concerned,  but  notices  of  and  arrangements  for  hold- 

95  ing  such  election  shall  be  the  same,  and  such  election  shall  be  conducted,  re- 

96  turned  and  the  result  thereof  declared,  in  all  respects  as  general  municipal 

97  elections  under  this  Act:  Provided ,  the  primary  election  for  nomination  of  a 

98  candidate  shall  be  held  two  weeks  preceding  such  special  election,  and  only  one 

99  candidate  for  each  officer  sought  to  be  recalled  shall  be  nominated:  Provided, 

100  further,  that  section  12  of  this  Act  shall  also  apply  to  special  primary  election : 

101  And,  provided,  further,  the  statements  and  petitions  of  candidates  may  be  filed 

102  not  less  than  seven  days  preceding  said  primary  election. 

Sec.  43.  If  the  officer  sought  to  be  recalled  or  removed,  shall  resign  within 

2  five  days  after  the  said  petition  is  filed  with  the  clerk,  the  council  shall  proceed 

3  to  appoint  his  successor,  the  same  as  in  the  case  of  other  vacancies,  and  no 

4  election  shall  be  held :  Provided,  the  council  shall  have  no  power  to  appoint  the 

5  person  so  resigning:  And,  provided,  further,  that  unless  such  officer  sought  to 
6.  be  recalled  resigns  within  said  five  days  said  recall  election  shall  proceed. 

Sec.  44.  The  successor  of  any  officer  so  removed  or  resigning  shall  hold 

2  office  during  the  unexpired  term  of  his  predecessor.  Any  person  sought  to  be 

3  recalled  or  removed  shall  be  a  candidate  to  succeed  himself,  unless  he  shall  re- 

4  sign  as  aforesaid,  and  his  name  shall  be  placed  on  the  official  ballot  without 

5  nomination. 

6  In  any  such  removal  or  recall  election  the  candidate  receiving  the  highest 

7  number  of  votes  shall  be  declared  elected  and  in  the  primary  election  preced- 

8  ing  the  same  the  person  receiving  the  highest  number  of  votes  shall  be  declared 

9  the  nominee  to  oppose  the  present  incumbent. 

10  At  such  special  election  if  some  other  person  than  the  incumbent  receives 

11  the  highest  number  of  votes,  the  incumbent  shall  thereupon  be  deemed  re- 

12  moved  from  office  upon  the  qualification  of  his  successor.  In  case  the  party 

13  who  receives  the  highest  number  of  votes  should  fail  to  qualify,  within  ten  days 


35 


14  after  receiving  notice  of  his  election,  the  office  shall  become  vacant,  and  the 

15  council  shall  proceed  to  fill  the  same,  as  in  other  vacancies:  Provided,  that  the 

16  incumbent  whose  successor  was  elected  and  failed  to  qualify  shall  not  be  ap- 

17  pointed  to  fill  such  vacancy. 

Sec.  45.  No  recall  or  removal  petition  shall  be  filed  against  any  officer  until 
2  he  has  actually  held  office  for  at  least  twelve  months. 

Sec.  46.  No  person  who  has  been  recalled  or  removed  from  an  elective 

2  office,  or  who  has  resigned  from  such  office  while  recall  or  removal  proceedings 

3  were  pending  against  him,  shall  be  appointed  or  elected  to  any  office  in  said  city 

4  within  one  year  after  such  recall  or  resignation. 

INITIATIVE. 

Sec.  47.  Any  proposed  ordinance  may  he  submitted  to  the  council  by  pe- 

2  tition  signed  by  electors  of  the  city  or  village,  equal  in  number  to  the  percentage 

3  hereinafter  required.  The  signature,  verification,  authentication,  inspection,  cer- 

4  tification  and  submission  of  such  petition  shall  he  the  same  as  provided  for  pe- 

5  titions  under  section  42  hereof:  Provided,  such  petition  shall  be  filed  with  the 

6  city  or  village  clerk. 

7  .  If  the  petition  accompanying  the  proposed  ordinance  be  signed  by  electors 

8  equal  in  number  to  twenty-five  per  centum  of  the  votes  cast  for  all  candidates  for 

9  mayor  at  the  last  preceding  general  municipal  election,  and  contains  a  request 

10  that  the  said  ordinance  be  submitted  to  a  vote  of  the  people  if  not  passed  by  the 

11  council,  such  council  shall  either 

12  (a)  Pass  such  ordinance  without  alteration  within  thirty  days  after  the 

13  filing  of  the  same  with  the  clerk,  or 

14  (b)  Forthwith  after  thirty  days  from  the  time  of  filing  such  petition,  shall 

15  have  expired,  the  council  shall  call  a  special  election,  unless  a  general  municipal 

16  election  occurs  within  ninety  days  thereafter,  and  at  such  special  or  general 


17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

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39 

40 

41 

42 

43 

44 

45 


36 


election,  such  ordinance  shall  be  submitted  without  alteration  to  the  vote  of  the 
electors  of  said  city. 

But  if  the  petition  is  signed  by  not  less  than  ten  nor  more  than  twenty-five 
per  centum  of  the  electors  above  defined,  then  the  council  shall  within  thirty 
days  after  such  petition  is  filed,  pass  said  ordinance  without  change  or  submit 
the  same  at  the  next  general  municipal  election  occurring  not  more  than  ninety 
days  after  the  filing  of  such  petition. 

The  ballots  used  when  voting  upon  said  ordinance  shall  contain  these  words 
“ Shall  the  ordinance  (stating  the  nature  of  the  proposed  ordinance)  be 
adopted,”  and  shall  otherwise  comply  with  section  16,  and  the  amendments 
thereto,  of  an  Act  entitled  “An  Act  to  provide  for  the  printing  and  distribution 
of  ballots  at  public  expense,  and  for  the  nomination  of  candidates  for  public 
offices,  to  regulate  the  manner  of  holding  elections,  and  to  enforce  the  secrecy 
of  the  ballot,  approved  June  22,  1891,  in  force  July  1  ,1891.”  Such  proposition 
shall  be  submitted  on  a  separate  and  distinct  ballot,  except  as  otherwise  provided 
in  this  Act. 

If  a  majority  of  the  qualified  electors  voting  on  the  proposed  ordinance 
shall  vote  in  favor  thereof,  such  ordinance  shall  thereupon  become  a  valid  and 
binding  ordinance  of  the  city;  and  any  ordinance  proposed  by  petition  or 
which  shall  be  adopted  by  a  vote  of  the  people,  can  not  be  repealed  or  amended 
except  by  a  vote  of  the  people. 

Any  number  of  proposed  ordinances  may  be  voted  upon  at  same  election,  in 
accordance  with  the  provisions  of  this  section ;  but  there  shall  not  be  more  than 
one  special  election  in  any  period  of  six  months  for  such  purpose  alone:  Pro¬ 
vided,  however ,  two  or  more  proposed  ordinances  may  be  submitted  separately 
on  the  same  ballot. 

The  council  may  submit  a  proposition  for  the  repeal  of  any  ordinance 
or  for  amendments  thereto,  to  be  voted  upon  at  any  succeeding  general  city  or 
village  election;  and  should  such  proposition  so  submitted  receive  a  majority 


37 


¥ 


' 


46  of  flie  votes  cast  thereon  at  such  election,  such  ordinance  shall  thereby  be  re- 

47  pealed  or  amended  accordingly.  Whenever  any  ordinance  or  proposition  is  re- 

48  quired  by  this  Act  to  be  submitted  to  the  voters  of  the  city  or  village  at  any  elec- 

49  tion,  the  city  or  village  clerk  shall  cause  such  ordinance  or  proposition  to  be 

50  published  once  in  each  of  the  daily  newspapers  of  general  circulation  published 

51  in  said  city  or  village,  or,  in  case  there  is  no  daily  newspaper  published  in  said 

52  city  or  village,  then  once  in  each  weekly  or  semi-weekly  newspaper  published  in 

53  said  city  or  village,  and  if  there  is  no  newspaper  published  in  said  city  or  vil- 

54  lage.  then  by  posting  a  printed  copy  of  such  ordinance  or  proposition  in  each  of 

55  the  voting  precincts  in  such  city  or  village,  or,  as  near  as  possible  to  the  polling 

56  place  therein;  such  publication  or  posting  to  be  not  more  than  twenty  nor  less 

57  than  five  days  before  the  submission  of  such  proposition  or  ordinance  to  be  voted 

58  upon. 

REFERENDUM. 

Sec.  48.  No  ordinance  passed  by  the  council,  except  when  otherwise  re- 

2  quired  by  the  general  laws  of  the  State  or  by  the  provisions  of  this  Act,  except 

3  an  ordinance  for  the  immediate  preservation  of  the  public  peace,  health  or 

4  safety,  which  contains  a  statement  of  its  urgency  and  is  passed  by  a  two-thirds 

5  vote  of  the  council,  shall  go  into  effect  before  thirty  days  from  the  time  of  its 

6  final  passage,  and  if  during  said  thirty  days  a  petition  signed  by  the  electors 

7  of  the  city  or  village  equal  in  number  to  at  least  ten  per  centum  of  the  entire 

8  vote  cast  for  all  candidates  for  mayor  at  the  last  preceding  general  municipal 

9  election  at  which  a  mayor  was  elected,  protesting  against  the  passage  of  such 

10  ordinance,  be  presented  to  the  council,  the  same  shall  thereupon  be  suspended 

11  from  going  into  operation,  and  it  shall  be  the  duty  of  the  council  to  reconsider 

12  such  ordinance;  and  if  the  same  is  not  entirely  repealed,  the  council  shall  sub- 

13  mit  the  ordinance  as  provided  in  sub- section  (b)  of  section  47  of  this  Act,  to  a 

14  vote  of  the  electors  of  the  city  or  village,  either  at  the  general  election  or  at  a 


15 

16 

17 

18 

19 

20 

21 

2 

3 

4 

5 

G 

7 

8 

9 

10 

11 

12 

13 

14 

15 

1G 

17 

18 

19 

20 

21 


38 


special  election  to  be  called  for  that  purpose;  and  if  such  petition  protesting 

t 

against  the  said  ordinance  is  filed  then  such  ordinance  shall  not  go  into  effect 
or  become  operative  unless  a  majority  of  the  qualified  electors  voting  on  the 
same  shall  vote  in  favor  thereof.  But  in  the  event  of  no  such  petition  being 
filed  protesting  against  such  ordinance,  then  such  ordinance  shall  be  in  full 
force  and  effect.”  Said  petition  shall  be  in  all  respects  in  accordance  with  the 
provisions  of  said  section  47,  except  as  to  the  percentage  of  signers. 

Sec.  49.  Any  city  or  village  which  shall  have  operated  for  more  than  four 
(4)  years  under  the  provisions  of  this  Act  may  abandon  such  organization 
hereunder  and  accept  the  provisions  of  the  general  law  of  the  State  then  ap¬ 
plicable  to  cities  and  villages,  by  proceeding  as  follows: 

Upon  the  petition  of  not  less  than  twenty-five  per  cent  of  the  electors  of 

« 

such  city  the  following  proposition  shall  be  submitted  to  a  general  municipal 

election,  to-wit:  “Shall  the  city  of . (or  the  village  of 

. )  abandon  its  organization  under  the  commission  form  of 

municipal  government  and  become  a  city  (or  village)  under  the  general  law.” 
If  a  majority  of  the  votes  cast  at  such  election  be  in  favor  of  such  proposition, 
the  officers  elected  at  the  next  succeeding  annual  city  or  village  election  shall 
be  those  then  prescribed  by  the  Act  to  which  this  Act  is  an  amendment,  and 
upon  the  qualification  of  such  officers,  such  municipality  shall  become  a  city  or 
village  as  it  was  at  the  time  of  the  adoption  of  this  Act  by  such  city  or  village; 
but,  such  change  shall  not  in  any  manner  or  degree  affect  the  property,  rights 
or  liabilities  of  any  nature  of  such  municipality,  but  shall  merely  extend  to 
such  change  in  its  form  of  government.  The  first  set  of  aldermen  or  president 
and  board  of  trustees  so  elected  shall  be  the  same  number  as  provided  for  in 
such  municipality  at  the  time  of  its  adoption  of  this  Act,  with  the  same  ward 
and  precinct  boundaries,  and  shall  also  have  the  same  elective  officers  as  be¬ 


fore. 


39 


22  The  petition  contemplated  by  this  section  shall  be  the  same,  the  election 

23  ordered  and  conducted  and  the  results  declared  generally  as  provided  for  in 

24  section  42  of  this  Act,  in  so  far  as  the  provisions  thereof  may  be  applicable. 

MISCELLANEOUS  PROVISIONS. 

Sec.  50.  Every  public  service  corporation  or  utility  shall  furnish  and  provide 

2  equal  and  uniform  service  alike  to  all  citizens  of  any  city  or  village  adopting  the 

3  provisions  of  this  Act,  and  it  shall  be  unlawful  and  a  sufficient  ground  for  the 

4  forfeiture  of  any  franchise  for  any  such  corporation  to  grant  free  service,  or 

5  furnish  better  service,  or  to  furnish  service  at  a  lower  price  or  rate,  quantity  and 

6  quality  considered  to  any  person  or  persons,  or  otherwise  discriminate  in  the  mat- 

7  ter  of  rates  of  service  between  citizens  of  any  such  city  or  village  adopting  the 

8  provisions  of  this  Act.  Upon  proof  being  received  by  the  council  that  this  section 

9  is  being  violated,  they  shall  at  once  summon  witnesses  and  investigate,  and  if 

10  they  so  find  then  it  shall  be  their  duty  to  immediately  cause  suit  to  be  instituted 

11  to  have  such  franchise  forfeited:  Provided ,  however,  the  council  shall  have 

12  power  by  ordinance  to  grant  any  such  corporation  or  utility  the  right  to  grant  re- 

13  duced  rates  to  persons  specified  in  such  ordinance :  And,  provided,  that  the  coun- 

14  cil  may,  by  ordinance,  authorize  any  street  railway  or  interurban  railway  to 

15  transport  free  any  member  of  the  police  or  fire  department  of  said  city  within 

16  the  corporate  limits  thereof,  and  to  authorize  the  giving  of  such  free  transpor- 

17  tation  in  other  cases,  when  the  same  shall  not  be  in  conflict  with  section  37  of 

18  this  Act,  and  the  general  law  of  the  State,  which  shall  control  and  govern 

19  this  sub-division.  And  when  the  same  shall  not  conflict  with  the  provisions 

. 

20  of  an  Act  of  Congress  entitled,  “An  Act  to  regulate  commerce,”  approved 

21  February  4,  1887,  and  the  Act  amendatory  thereof  approved  June  29,  1906, 

22  and  all  other  Acts  amendatory  thereto, 

23  Any  person,  firm  or  corporation,  its  agents  or  officers  thereof  violating  the 

24  provisions  of  this  section,  and  any  person,  firm  or  corporation  accepting  the 


25 

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40 


preference  herein  named,  shall  be  punished  by  a  fine  of  not  less  than  one  hun¬ 
dred  dollars  ($100),  nor  more  than  five  hundred  dollars  ($500),  or  by  imprison¬ 
ment  in  the  county  jail  not  less  than  three  (3)  months  nor  more  than  one  (1) 
year,  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court: 
Provided,  that  any  person  receiving  special  favors  or  privileges  referred  to  in 
section  50,  shall  be  immune  from  punishment  in  case  he  testifies  to  any  matter 
referred  to  therein  in  pursuance  of  subpoena  from  said  municipal  authorities. 

TREASURER. 

Sec.  51.  In  addition  to  the  other  duties  now  imposed  by  law  upon  the 
treasurer  of  any  city  or  village,  the  said  treasurer  shall  make  daily  deposits  of 
such  sums  of  money  as  shall  be  received  by  him  from  all  sources  of  revenue 
whatsoever,  to  his  credit  as  treasurer  of  said  city  or  village,  in  one  or  more  banks 
situated  in  said  city  or  village,  to  be  selected  by  the  president  of  said  council, 
the  commissioner  of  accounts  and  finance,  and  the  treasurer  of  such  city  or 
village,  or  by  any  two  of  them,  and  any  such  bank,  before  any  such  deposit  is 
made  therein,  shall  be  required  to  enter  into  an  obligation  with  the  said  council 
to  pay  into  the  treasury  of  such  city  or  village  interest  on  the  monthly  bal¬ 
ances  of  such  deposits  at  a  rate  to  be  fixed  by  the  president  of  said  council,  the 
commissioner  of  accounts  and  finance,  and  the  treasurer,  or  by  any  two  of  them, 
and  which  rate  may  be  changed  in  the  same  manner— such  rate  to  be  not  less 
than  three  (3)  per  centum  per  annum,  and  shall  also  execute  a  good  and  suffi¬ 
cient  bond,  with  sureties  to  be  approved  by  the  president  of  said  council,  and 
conditioned  that  such  bank  will  safely  keep  and  account  for,  and  pay  over  said 
money.  Said  president  of  the  council,  the  commissioner  of  accounts  and 
finance  and  the  treasurer,  in  the  selection  of  any  such  depository  bank,  shall 
take  into  consideration  the  reputation  and  solvency  thereof,  and  the  sufficiency 
of  the  security  offered  by  such  bank.  All  interest  paid  by  any  such  bank  upon 
such  balances  shall  be  collected  by  the  treasurer  of  said  city  or  village,  and  shall 


21 

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41 


be  by  him  reported  in  his  next  statement  following  such  collection,  and  shall 
be  considered  and  treated  as  part  of  the  general  fund  of  such  city  or  village,  sub¬ 
ject  to  use  for  any  legitimate  municipal  purpose. 

See.  52.  Neither  the  mayor  or  any  commissioner  elected  under  the  pro¬ 
visions  of  this  Act  shall  be  interested  directly  or  indirectly  in  any  public  service 
corporation,  nor  shall  such  mayor  or  commissioner  be  interested  directly  or 
indirectly  in  any  franchise,  grant  or  privilege  conferred  by  city  or  village  where¬ 
in  he  holds  office'.  Nor  shall  any  such  mayor  or  commissioner  have  been  in¬ 
terested  directly  or  indirectly  in  any  public  service  corporation  or  in  any 
grant,  franchise  or  privilege  granted  by  said  city  or  village,  within  two  years 
prior  to  the  date  of  his  election  as  such  mayor  or  commissioner. 

Any  mayor  or  such  commissioner  assuming  office  subject  to  the  disqualifi¬ 
cations  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
punishable  by  a  fine  not  less  than  one  thousand  dollars  ($1,000.00)  nor  more 
than  five  thousand  dollars  ($5,000.00),  or  by  imprisonment  in  the  county  jail  of 
not  less  than  three  (3)  months  nor  more  than  one  (1)  year,  or  by  both  such  fine 
and  imprisonment  in  the  discretion  of  the  court. 

Sec.  53.  The  council  is  hereby  granted  full  power  and  authority  to  make 

9  ,  \  ,  .  .  ;  i' ^  ’  V  • 

proper  regulations  for  due  inspection  of  all  plants  and  machinery  of  any  per¬ 
son,  firm  or  corporation  exercising  or  enjoying  any  right,  grant  or  franchise 
from  any  city  or  village  adopting  the  provisions  of  this  Act.  And  such  council 
and  their  authorized  agents  shall  have  the  right  to  make  all  necessary  ex- 
animations  of  any  plant,  appliances  or  apparatus  for  the  purpose  of  making 
necessary  tests  to  see  that  such  firm,  person  or  corporation  comply  with  the 
regulations  of  such  council  with  reference  to  the  quality  and  character  of  the 
commodity  furnished.  Said  council  shall  have  the  power  to  specify,  determine 
and  regulate  the  quality  and  character  of  gas  and  electricity  furnished  to  it 
and  to  the  citizens  of  such  city  by  any  person,  firm  or  company  furnishing  elec- 


42 


12  tricity  or  illuminating  or  fuel  gas;  and  such  cities  and  villages  shall  have  full 

13  power  and  authority  to  do  and  perforin  all  acts  necessary  to  carry  out  and  give 

14  full  force  and  effect  to  the  provisions  of  this  section. 

Sec.  54.  All  contracts,  of  whatever  character,  pertaining  to  public  im- 

2  provement,  or  the  maintenance  of  public  property  of  any  city  or  village,  in- 

3  volving  an  outlay  of  as  much  as  five  hundred  dollars  ($500.00)  shall  be  based 

4  upon  specifications  to  be  prepared  and  submitted  to,  and  approved  by  the 

5  council,  and  after  approval  by  the  council,  advertisement  for  the  proposed 

6  work,  or  matters  embraced  in  said  proposed  contract,  shall  be  made,  inviting 

7  competitive  bids  for  the  work  proposed  to  be  done;  which  said  advertisement 

8  shall  be  put  in  a  daily  newspaper  not  less  than  ten  times.  All  bids  submitted 

9  shall  be  sealed,  shall  be  opened  by  the  mayor  in  the  presence  of  a  majority  of 

10  the  council  and  shall  remain  on  file  in  the  mayor’s  office  and  be  opened  to  pub- 

11  lie  inspection  for  at  least  forty-eight  hours  before  any  award  of  said  work  is 

12  made  to  any  competitive  bidder.  The  council  shall  determine  the  most  ad- 

13  vantageous  bid  for  the  city,  and  shall  enter  into  contract  with  the  party  sub- 

14  miting  the  lowest  secure  bid,  but  shall  always,  in  every  advertisement  of  pub- 

15  lie  work  or  contract  involving  as  much  as  five  hundred  dollars  ($500.00),  reserve 

16  the  right  to  reject  any  and  all  bids.  Pending  the  advertisement  of  the  work  or 

17  contract  proposed,  specifications  therefor  shall  be  on  file  in  the  office  of  the 

18  mayor,  subject  to  the  inspection  of  all  parties  desiring  to  bid. 

Sec.  5414 •'  The  city  council  shall  select  some  secular  English  daily  news- 

2  paper  published  in  such  city,  if  there  be  such,  and  if  not  some  secular  English 

3  weekly  newspaper  published  in  such  city,  if  there  be  one,  to  be  the  “ official  news- 

4  paper”  for  such  city.  All  notices,  advertisements,  reports,  proceedings  and 

5  •  miscellaneous  matters  required  to  be  published  by  the  terms  of  this  Act  shall  be 

6  published  in  such  “ official  newspaper.”  Such  paper  shall  be  selected  by  com- 

7  petitive  bidding  in  the  same  manner  as  it  is  herein  provided  other  conti acts  may 


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43 


be  let,  and  in  determining  which  bidder  is  the  lowest,  the  local  circulation  of 
each  of  said  newspapers  shall  be  a  determining  element. 

OATHS  AND  BONDS. 

Sec.  55.  The  mayor  and  commissioners  and  all  officers,  elected  or  ap¬ 
pointed,  shall,  before  entering  upon  the  duties  of  their  respective  offices,  take 
and  subscribe  the  oath  or  affirmation  prescribed  by  the  constitution;  which  oath 
or  affirmation,  so  subscribed,  shall  be  filed  in  the  office  of  the  city  or  village 
clerk. 

Sec.  56.  The  mayor  and  each  commissioner,  city  or  village  clerk  and  city 
or  village  treasurer,  and  such  other  officers  and  employes  as  the  council  may 
designate  by  ordinance,  shall,  before  entering  upon  the  duties  of  their  re¬ 
spective  offices,  execute  bond  with  good  and  sufficient  security  to  be  approved 
by  the  council,  payable  to  the  city  or  village  in  such  penal  sum  as  may,  by 
resolution  or  ordinance,  be  directed,  conditioned  for  the  faithful  performance 
of  the  duties  of  the  office  and  the  payment  of  all  moneys  received  by  such  offi¬ 
cer,  according  to  law  and  the  ordinance  of  said  city  or  village:  Provided ,  how¬ 
ever,  the  bonds  of  the  mayor  and  of  the  commissioners  shall  be  approved  by  the 
judge  of  the  county  court  of  the  county  in  which  such  city  or  village  or  the 
greater  part  thereof  is  located,  and  shall  not  be  fixed  at  a  less  sum  than  three 
thousand  dollars  ($3,000.00). 

The  bonds  of  the  mayor  and  commissioners  shall  be  filed  in  the  office  of 
the  county  clerk  of  such  county  and  be  by  him  recorded  in  his  office  and  care¬ 
fully  preserved. 

The  bonds  of  all  other  officers  of  such  city  or  village  (except  the  city  or 
village  clerk)  shall  be  filed  in  the  office  of  the  city  or  village  clerk,  and  be  by 
him  recorded  in  his  office  and  carefully  preserved.  The  bond  of  the  city  or 
village  clerk  shall  be  filed  in  the  office  of  the  city  or  village  treasurer  and  be 
by  him  recorded  in  such  office  and  carefully  preserved :  Provided,  further,  the 


44 


21  treasurer’s  bond  shall  in  no  case  be  fixed  at  a  less  sum  than  the  amount  of  the 

22  estimated  taxes,  special  assessments,  special  taxes,  license  fees  and  receipts  of 

23  the  city  or  the  city  or  village  from  all  sources  for  the  current  year. 

Sec.  57.  Any  town  or  village  or  city  having  a  special  charter  or  any  area  of 

2  contiguous  territory  not  exceeding  two  square  miles,  which  shall  have  resident 

3  thereon  a  population  of  at  least  300  inhabitants  and  which  is  not  included  in  the 

4  limits  of  any  incorporated  town,  village  or  city  which  may  take  steps  to  or- 

5  ganize  as  a  village  or  city  under  the  Act  to  which  this  is  an  amendment,  in  addi- 

6  tion  to  voting  upon  said  proposition  to  so  organize,  shall  also  vote  at  the  same 

7  election  upon  the  question  of  adopting  this  Act  and  shall  have  printed  on  the 

8  same  ballot  a  proposition  in  the  following  form: 


!  •  -i 

“Shall  the  city  (or  village,  as  the  case  may  be)  of 
(here  insert  the  name  of  such  city  or  village)  adopt 

• 

Yes. 

the  commission  form  of  municipal  government?” 

i 

i 

No. 

9  Such  proposition  shall  be  voted  upon  in  the  manner  as  near  as  may  be  pro- 

10  vided  by  section  16  of  an  Act  entitled,  “An  Act  to  provide  for  the  printing  and 

11  distribution  of  ballots  at  public  expense  and  for  the  nomination  of  candidates 

12  for  public  offices,  to  regulate  the  manner  of  holding  elections,  and  to  enforce  the 

13  secrecy  of  the  ballot,  approved  June  22,  1891,  in  force  July  1,  1891.” 

14  And  if  such  last  named  proposition  is  adopted  by  a  majority  vote  of  such 

15  municipality  or  territory  also  votes  to  organize  as  a  city  or  village  under  the 

16  general  law,  then  this  Act  shall  apply  to  such  city  or  village  and  it  shall  be 

17  deemed  to  be  organized  under  this  law,  otherwise  not. 

Sec.  58.  In  the  construction  of  this  Act  the  following  rules  shall  be  ob- 

2  served,  unless  such  construction  would  be  inconsistent  with  the  manifest  intent, 

3  or  repugnant  to  the  context  of  the  statute: 

4  (a)  The  words  “commissioner,”  or  “alderman”  or  “village  trustees” 


45 


5  shall  be  construed  to  mean  commissioner  when  applied  to  duties  under  the  Act 

6  to  which  this  is  an  amendment. 

7  (b)  When  an  office  or  officer  is  named  in  any  law  referred  to  in  this  Act, 

8  it  shall,  when  applied  to  cities  or  villages  under  this  Act,  be  construed  to  mean 

9  the  office  or  officer  having  the  same  functions  or  duties  under  the  provisions  of 

10  this  Act,  or  under  ordinances  passed  under  authority  thereof. 

11  (c)  The  word  “ council”  shall  be  considered  synonymous  with  “city  coun- 

12  cil”  or  “president  and  board  of  trustees.” 

13  (d)  The  word  “franchise”  shall  include  every  special  privilege  or  right 

14  in  the  streets,  alleys,  highways,  bridges,  subways,  viaducts,  air,  waters,  public 

15  places  and  public  property,  whether  granted  by  the  State  or  the  city  or  village 

16  which  does  not  belong  to  the  citizens  generally  by  common  right. 

17  (e)  The  word  “electors”  shall  be  construed  to  mean  persons  qualified  to 

18  vote  for  elective  officers  at  municipal  elections. 

19  (f)  The  word  “city”  where  used  in  this  Act  shall  include  village. 

20  (g)  The  term  “municipal”  or  “municipality”  where  used  herein  shall 

21  mean  either  city  or  village. 

22  (h)  The  word  “treating”  shall  be  construed  to  mean  the  entertaining 

23  of  person  or  persons  with  food,  drink,  tobacco  or  drugs. 

24  (i)  The  word  “treats”  shall  be  construed  to  mean  the  food,  drink,  to- 

25  bacco  or  drugs,  requested,  offered,  given  or  received  in  treating  or  for  enter- 

26  tainment  of  a  person  or  persons. 

Sec.  59.  The  invalidity  of  any  portion  of  this  Act  shall  not  effect,  the  va- 
2'  lidity  of  any  other  portion  thereof,  which  can  be  given  effect  without  such  in- 

3  valid  parts,  the  intention  hereof  being  that  the  courts  of  this  State  shall  pre- 

4  sume  conclusively  that  it  is  the  intention  of  the  General  Assembly  that  all  the 

5  provisions  of  this  Act,  which  are  not  in  and  of  themselves  invalid,  shall  be  given 

6  effect,  notwithstanding  the  courts,  but  for  the  provisions  of  this  section,  might 


7 

8 

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46 


presume  it  to  be  the  intention  of  the  General  Assembly  that  the  valid  portions  of 
this  Act  should  not  be  given  effect  unless  the  portions  thereof  which  are  in¬ 
valid  would  also  be  given  effect. 

Sec.  60.  All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions  hereof  are 
hereby  rendered  inoperative  in  such  cities  or  villages  as  shall  adopt  this  Act  so 
long  as  they  remain  under  this  Act:  Provided,  hoivever,  nothing  contained  in  this 
Act  shall  in  any  way  repeal,  amend  or  affect  the  law  pertaining  to  the  making 
of  local  improvements  under  the  provisions  of  an  Act  entitled,  “An  Act  con¬ 
cerning  local  improvements,”  approved  June  14,  1897,  and  all  Acts  amenda¬ 
tory  thereto:  And,  provided,  further,  that  this  Act  shall  not  repeal,  amend  or 
affect  any  of  the  provisions  of  chapter  105  entitled  “ Parks,”  but  all  the 
several  Acts  therein  contained  shall  be  and  remain  of  the  same  effect  as  if  this 
Act  had  not  been  adopted. 


105219783 


